90 1 9 e0 1 1 CWPN19368 of2009 1 Inthe HighCourt ofPunjab andHaryana at Dateofdecisionl09042010 Kajal Sharma Vs The PanjabUniversity andothers m f CORAMHONBLE MR JUSTICEPERMGD KOHLl 0 C0 Present MrGaurall for thepetitioner MrMunish BansalAdvocateforthe I C I PERMOD KOHLI J er Z 1 The has been from 111 tZ 4r third semester of the BA LLB Honslof flve years I 08 course by the Oll account of et of attendance J Z The petitionerhas flled this tl a direction in the nature of mandamuStO Pemit the to appearin said examination C The circumstances to the Olingof the present writpetitionmaybe brieflynoticedhereunder The petitioner was admittedto BA LLB 0IIonsIfive years COUleSe111theyear 2008 on beingselectedthrough the examinationheld by N1 4Jniversity The petitioner was allotted Ulliversity Centre Rawat Seema 2014.04.15 14: 14 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:28 I attest to the accuracy and integrity of this document 91 V 0 t 2 CWPNo19368of2009 Ludhiana hereinaftereferredto asthe PURCI where she was and allotted Roll No12108F The petitioner herfirst andsecondsemestersandsecured351 and 336 out of500 marks in flrstandsecond in November 2008and April2009 Duringthird semester the 1 sought to the UniversityIstitution of LegalStudies UILS PanjabUniversity 0 hereinafterreferred to as the 0 I No of the for C was and the petitioner was admittedat the I Instituteof LegalStudies on 08092009 Z of formalities depositof the fee on C etcIt is statedthat the name of the petitioner was placedon the I 08 noticeboard on 23112009 shortageof 27 lectures OO NoA constituteda three Members Committee to 7 Z considerthe shortagecases The beforethe Qm Committeeand on therecommendationof the Committee of 27 lectureswas condoned the petitioner roll numberfor thirdsemester examinationwhich was was nme scheduledto commence on 27112009 It is fulther allegedthat when the petitionerwen to appear for the examination on 27 1 2009 she was from takingexamination011 of withdrawal of the roll ber The petitionerhas this actionofthe Rawat Seema 2014.04.15 14: 14 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:28 I attest to the accuracy and integrity of this document 92 CWPNol9368 of2009 3 MrGaurav learned counsel for the hasraisedthefollowingcontentionsl 0 thatthe was never about theshortage of lecturesexcept27 lecturesat anytimeto enablethe to makeup thedeficiency 1 i that the havingbeen issued the roll C on the of theCommitteethe 0 0 couldnot have been withdrawn without any I same Cao andthat too without affordingany reason I ofbeingheardto her Z iiil under 15 of PanjabUniversityCalendar Vol III a priornoticewasto begivento the I Ol the of lectures Videinterimorderdated16122009 the was a7 Z to appear111thethird semesterexamination Ll was to be heldon 17122009and2612009 The in its disclaimer to the not only admitted the of the from the PURC to UILS e but also the issue of Roll Number o the the of 27 lectures on the of Committee It is however that the petitionerhad attended only 52 per cent of total lectures as againstthe of 75 per cent to the Universitythere is 9 Rawat Seema 2014.04.15 14: 14 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:28 I attest to the accuracy and integrity of this document 93 0 19 CWPN19368 of2009 4 of 61 lectures whereas only 40 lectures could be condonedunderthe rules It is furtherstatedthat the hadshortage of 34 lecturesat PURC which informationwas not bythe to the and it was only on 26112009 at 430 pm when the information was 1 receivedfrom the PURC the shortageof theselectures the stand of the that the COndOnatiOn 0 It is 0 I Committee condoned 27 lecturesin UILS due to C5 rushofstudentswithoutknowing thefact of of lectures111 4 PURC Z The Panjab has framed rules for admissionand to BA LLB ionsl Five Years ltegratedCourse I C45 to 10 semesters as per decision dated 2412004 oo 14 ItemNoCm39andfor condoning thedeficiency in 7 Z lectures Therelevantextract ofthe rulesis noticedhereunder tl 4r4A candidateadmittedto the course shall be eligible to appear lIl a Semester if he has attendedat Ieast75Io of the lecturesl lecturesl tutorialsl n to Court or other institutions etc as may be deliveredor during the semester Providedthat the deficiencyin this may be condonedas folloWSl a1Upto30 lecturesin a papers9in total to Rawat Seema 2014.04.15 14: 14 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:28 I attest to the accuracy and integrity of this document 94 0 11 CWPNo9368 of2009 5 the best ofthe studentand upto 10 lectures in various speciallecturesl mootslvisits to Courts or otherinstitutions bythe b The ViceChancellor in cases on the of the 1 f may 0 upto10 lecturesin a to the C best of the student beyondthe I 9 condonaUondone bythe Headl Chairmanl I 13 Ct Z These rules TlY Providefor minimum 75Io of of the lectures includingspeciallectures tutorials L I moots duringsemester The deficiency111 the lectures is 08 upto30 lecturesin a paperslin totalandupto100Ioin QO 17 lectures moots and visits to Courts by the vanous Z and in cases upto Qm 1 0 by the ViceChancellor on the of the Thus 111 all 40010of the deficientlecturescan be condoned It is thestandofthe also The petitioner has shortage of 61 lectures XV ofthe same furtherdeal with the rulesforcondoningde8ciency in lectures The relevantextract Of therule is as under e If at thetitneof submissionof admission Rawat Seema 2014.04.15 14: 14 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:28 I attest to the accuracy and integrity of this document 95 0 CWPNo9368 of2009 6 forrn a has not the of lectures etc his name may be sent up for the examination The of Deptt sha1115 daysbefore the date of of examinationintimateto theRegistrarif the studenthas madeup the 1 r of lectures or if the hasnot beencondoned 11 0 CA0 This rule thatwhere at the time of the I C5 of the admission form for an examination if any submission I studenthas not the percentageof lectures Z 2 hislher name may besent up for examination It Q that PrincipallIad of the shall I 08 intimate to the 15 days before the date of commencement of the examinationwhetherthe studenthas made es Z upthe of lecturesor if the deficiency has not been From the readingof the aforesaidrule it appears thatthe of lecturesmust be examinedwhen the fonn of a studentfor examinationis to be forwarded by the concerned e to the bodyand if it is found at that stagethat there is oflectures theform is to be sent It furtherrequires that 15 daysbeforethe dateof commencement ofthe theRegistrar of the ExaminingBodyisto be by the of the whether the Rawat Seema 2014.04.15 14: 14 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:28 I attest to the accuracy and integrity of this document 96 9 CWP No9368 of2009 7 studenthas madeup the deficiencyof lecturesor if the has not been condonedby the authorities From the of the aforesaidlule it appears that before an form is forwardedto the bodyit is upon the of the to examlne 1 the of lecturesof a studentand if it is foundso hislher r formis to be forwarded The natural 0 0 I corollaryofthis is that a studentmust be putto noticeat 49 this stage the of lecturesto enablehim to I up the deficiencySuchexerciseis to be 15 days Z the commencementof the examinationto flnd out whether f the studenthas up the deflciencyand if not whetherthe I 08 deficiencyis to be condonedor not and intimation has to be 00 forwardedto the of theExamining Body as the case may WA7 Z be ie 111boththe where deflciencyhasbeen madeout Llm andwhereit is not so whetherthe deflciencyis condonedor not This provision seems to havebeenenactedwith an obviousobject and purportto an to the defaulting studentto Gne and make up the deficiencyupto 15 days beforethecommencement ofthe examination In the presentcase the form of the petitioner was forwardedto the without any reservation There is in the replywhich may even that the examination Rawat Seema 2014.04.15 14: 14 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:28 I attest to the accuracy and integrity of this document 97 l 0 CWPNo19368of2009 8 to theUniversitybYtheUILS formofthe was on of the deficiencyof lectures It thatat the time of sendingthe form no exercise appears was conductedbythe UILS deficiencyof lecturesl of the students It was for the first time on 1 232009 four daysbeforethedateof commencement Of th 0 that the shortageof was noticed 0 C3 thenoticeboard The name andthe same was puton C5 on the notice board shortage of only27 also The Committee for condonationof shortage Z with the shortageof of lecturesexaminedthe case ofthe C 2512009and the was issuedthe roll attendanceon I 08 thatstagethe was notinformedabout number Even at 00 4 of Iecturesbeyond 27 The Universityhas the W Z andhas accusedher of putthe blame upon the 0 of facts learnedcounsel for has arguedthat it was the dutyof the wmW petitionerto have about the shortageof lectures at PURCbut shedid not revealanything To thecontraryit is on behalfofthepetitioner thatthe havingbeen under the ordersof the dutyof the to have Universityit was the Rawat Seema 2014.04.15 14: 14 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:28 I attest to the accuracy and integrity of this document 98 Vn 0 r CWPN19368 of2009 9 theshortage from thePURC To my mindbothie the andthe areto be for this fiasco Petitioner who had studiedat PURC shouldhave known if not the exact at least deficiencyoflectures She chosenot to reveal At the same time 1 at thetime of or at leastwhenexaminationform of the 0 forwardedto the body it was the 0 was 0 UILSto have the deflciencyof boundendutyof the I 0 from PURC and 111any case when the matter was I 1 beforethe CommitteeThe Z shouldhavesought form PURC Both have C 0 faultedat their levelsand now it is a blame gameto I 08 eachother Ifthe hasnotdisclosedaboutthe of 00 4 lecturesthe has also not its V2 Z theshortageof 27 lectures asa and Om andalso issuedroll numbersto the for in the examinationHowever one thing1Sveryclear that mandateof rule 2 of ChapterXV has not been carried out by the C whichinterlia the examinationof deficiencyatthestageof sendingtheexaminationform or at Ieast 15 daysbeforethedateof commencementof the examinationTo thecontrarythe for the flrst timeplacedthe names of the with deficient attendanceon the notice board only Rawat Seema 2014.04.15 14: 14 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:28 I attest to the accuracy and integrity of this document 99 CWPNo19368of2009 10 beforethe examinationSufficeit to say at thisstagea four studenthad no occasion to makeup thedeficiency oflectures even if wants to improveand had the desired to make up the Under thesecircumstancesthe cannot be and offrom in theexaminationwhen m the itselfhasissuedtheroll numbersto thepetitioner C In view of the above mentionedstatutoryprovlSlOllS 0 0 calendar the contention of contained in the I 0 leamed counsel for the I Uiversity cannot be Z For the reasons above the presentwrit r is allowed The hasalready ln some ofthe papers 08 CO underthe orders of this Court The to 7 Z appearlll theexamination 1S The tl is directedto declarethe resultof the papersfor which the has In the the shall be to fourth selnester ifotherwise eligibleNtoCOS C boALe 4 46 09042010 PERMOD KOHl BLS JUDGE l Whether to be referredto the YESI Ne 5 t 16P 1 Rawat Seema 2014.04.15 14: 14 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:28 I attest to the accuracy and integrity of this document