CWP No.15157 of 2008 (1) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.15157 of 2008 Date of Decision: 26.9.2008 Sarita Rani ....Petitioner Versus Kurukshetra University, Kurukshetra and others .....Respondents Coram: HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Shri S.S. Godara, Advocate, for the petitioner. Shri Anurag Goel, Advocate, for respondent No.1. Shri Sunil Nehra, AAG, Haryana, for respondent No.2. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? HEMANT GUPTA, J. The petitioner has invoked the writ jurisdiction of this Court claiming a writ of Certiorari for setting aside of the order of cancellation of admission of the petitioner to B.Sc. (Non-Medical). The petitioner appeared in the matriculation examination in March, 2004 and obtained 75% marks. In March, 2006, the petitioner appeared in 10+2 Non-Medical examination, conducted by Haryana School Education Board. However, she obtained compartment in the subject of Chemistry. The petitioner was admitted in Government National College, Sirsa in B.Sc. Part-I, Non-Medical Professional in July, 2006. She was admitted even though she has not qualified 10+2 examination as she had got compartment in one subject. The petitioner did not appear in the September, 2006 in the subject of Chemistry in which she has got CWP No.15157 of 2008 (2) compartment. The petitioner appeared in the compartment examination in the month of March, 2007, but could not qualify in the test. The petitioner did appear in the B.Sc. 1st year Non-Medical examinations in the year 2007. On the basis of her result of B.Sc. Part-I, the petitioner was permitted to attend Classes of B.Sc. 2nd Year Non-Medical Course. The petitioner again appeared in September, 2007 in the supplementary examination of 10+2, but could not qualify in the said subject. However in mercy chance given to the petitioner, the petitioner qualified in the supplementary examination of the subject of Chemistry in February- March, 2008. Simultaneously, the petitioner appeared in B.Sc. 2nd Year examination. On the basis of her result of B.Sc. Part-I and Part-II examinations, the petitioner sought admission in B.Sc. Part-III after qualifying in 10+2 examinations as well. She was not granted admission as the petitioner failed to qualify within the permissible chances. It was at this stage, the petitioner filed the present writ petition. In reply, a reference has been made to Rule 7.2 and 8-A of the Calendar of Kurukshetra University 2003 Volume-II Part-I. The said Rules contemplate that if a candidate fails to clear the compartment in 2nd consecutive chance, the admission to B.A./B.Sc. (General) Part-I, shall be cancelled ab-initio. In view of the said Rules, it is contended that the petitioner having failed to qualify the examination in the subject of Chemistry in two consecutive chances i.e. upto 2007, her admission to B.Sc. Part-I Non-Medical is void. Learned counsel for the petitioner has vehemently argued that the petitioner was admitted in B.Sc. Part-I and Part-II without any misrepresentation on her part, therefore, cancellation of admission at this stage shall cause acute hardship to the petitioner. It is therefore, argued that this Court should interpret the Rules in a way which advances the cause of justice. Having heard the learned counsel for the parties at some CWP No.15157 of 2008 (3) length, we do not find any merit in the present writ petition. In terms of Rule 7.2 and Rule 8-A of the Rules, as reproduced below, a candidate having compartment in one subject is permitted to be admitted provisionally in B.A./B.Sc. Part-I Course. A candidate is required to clear the compartment/re-appear subjects in two consecutive chances from the concerned University-Board. The said Rules read as under:- “7.2. A candidate who has been placed under compartment or allowed to re-appear in one subject only in Senior Secondary Certificate Examination (10+2 standard) of the Board of School Education, Haryana, or equivalent examination of another University/Board obtaining at least 33% or 40% marks in the aggregate respectively, may be allowed to read provisionally for the B.A./B.Sc. (General) Part-I Class. Such a candidate shall be allowed to clear the compartment/re-appear subject in two consecutive chances from the concerned University/Board. If such candidate fail to clear/qualify in the compartment/re- appear subject at the supplementary examination, he shall be permitted to continue his studies for B.A./B.Sc. (General) Part-I Class and to appear again in the compartment/re-appear subject along with his B.A./B.Sc. (General) Part-I Examination at the Annual Examination. If he does not clear his compartment/re- appear subject even in the second chance his provisional admission/result of B.A./B.Sc. (General) Part-I shall be cancelled ab initio. Similar concession will be granted to a student joining B.A./ B.Sc. (General) Part III Class. Similar concession will also be granted to a CWP No.15157 of 2008 (4) student joining B.A./B.Sc. (General) Part-III Class after having been placed under compartment/re-appear in one subject only in B.A./B.Sc. Part-II examination under 10+2+3 scheme of Universities mentioned in Clause 6(b) and also subject to the conditions laid down therein. 8. The examination in Part-I/II/III shall be open to a student who: (a) has passed, not less than one academic year previously, the requisite examination as laid down in Clauses 4, 5 and 6 or covered under Clause 7 above. In the case of a candidate who passed the requisite examination under the Rules relating to compartment, the period of one academic year shall be counted from the examination in which he is first placed under compartment.” Admittedly, the petitioner has failed to quality the subject of Chemistry within two consecutive chances. Thus, in terms of the Rules, the admission of the petitioner to the B.Sc. Part-I (Non-Medical) becomes void by operation of Rules itself. Learned counsel for petitioner has relied upon a Single Bench judgment of this Court reported as Miss Twinkle Sehdev v. The Guru Nanak Dev University, Amritsar and others,1999(3) RSJ 93, wherein this Court has allowed the claim of the candidate for M.A. Part-I examinations in almost similar circumstances. However, a reading of the said judgment would show that cancellation of the result of the said petitioner to M.A.Part-I examination was revoked by the University. Once the cancellation of M.A. Part-I, was revoked, the Court directed the University to declare the result of the said petitioner for M.A. Part-II CWP No.15157 of 2008 (5) examinations as well. However, in the present case, the petitioner was admitted in B.Sc. Part-II as result of 10+2 examinations in the subject of Chemistry was declared later on. The petitioner qualified 10+2 examinations in March, 2008 i.e. after her result of B.Sc. Part-I, was declared in the year 2007. Hon'ble Supreme Court in Council of Homeopathic System of Medicine, Punjab v. Suchintan, AIR 1994 SC 1761 has held that a candidate passes the examination only when he qualifies in the supplementary examination. The supplementary examination/result does not relate back to the main examination. However, on account of failure in the subject, the candidature of the petitioner for admission to B.Sc. Part-II is set at naught. In view of the above, we do not find any merit in the present writ petition. Hence, the same is dismissed. (HEMANT GUPTA) JUDGE (KANWALJIT SINGH AHLUWALIA) JUDGE 26-09-2008 ds