81 vmee 4 CWP N1431 of2010 1 Il Il INTHE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARHe DATEOF DECISION102010 and others eeePetitioners 1 VERSUS 0 C0 GuruNanak Dev UniversityAmritsar S Anr 0 I CORAM Z HONBLEMRJUSTICE PERMOD KOHLl I PRESENT2 MrankajGuptaAdvocate for thepetitioners 08 MrAmritPaul Advocate for no l m Mrumeet GoelAdvocate for no ae Z QW PermodKohli J 6Orall The petit1oners were admitted to the Bachelor in Buslness AdministrationBBA Course in the nonstitute for the year 20072010The BBA is a threeyear Course nol4nstitute ls C affiliatedwith GuruNanak Dev University no11 The in the BBA Part4 examinationin April 2008 conductedby the All of them six papersout of seven Mathematicsand Quantitatlve but failed in one paper e Under the University studenthaving is entitledto be to the next year ie BBA Partell Further prolllOllOll Singh Gagan Preet 2014.04.26 14: 23 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 82 CWP Noe14310f2010 2 to BBA Part III is onlyafler the studentclears the compartment of BBA Part The Universityhas framed Ordinance regulating the examinatlOtl for the BBA Course Ordinances 10 and 11 are relevantfor the ofthis petition and are noticed hereunder 10The minimum number of marks requlredto 1 pass the examinationin eachyear shall be r 6a 35Io ln each individual 0 0 I C5 in the aggregatein eachyear I 11A studentwho fails to secure 35Io marksin one Z but secures 25Io marks or above in that a and also secures the requiredaggregate 40Io9 shall be placedunder and will I 08 have to clear the subjectin two consecutive QO either in that year or 7 Z AprillMaynext vear the next hlgher Ll class failing which the candidate wi ll be revel1ed backto the course in which he was placedunder However he may be givena third chance in next if he has e4 lhe higherclass 111 ApriIlMay last as mentionedabove et In terms of Ordinance are required to secure 39Io marks each individual and 40Io in the aggregate I ll in each year Under Ordinance 11 a studentwho fails to secure 35Io marks in subjectbut secures or above marks n that subjectand alSO one Singh Gagan Preet 2014.04.26 14: 23 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 83 1 CWP Noe1431of2010 3 secures the requiredaggregate40101is placedunder coinpattmentSuch student is to clear the compartmentln two consecutive attemptsin the followingexaminations either in that year or ApriIIMaynext vear alongwith the next higherclass On failure of such studentto clear the he is to be revertedback to the Course in which he was placed 1 under The student is however entitled to a third 6speciall r chancein next if he haspassed thehigherclass in AprillMayIn 0 0 Vlew ofthe above Ordinances thepetitioners were entitled to two chances I 0 toclear the compartinentof BBA Part4 Theywere proinoted to BBA Part I All these petitioners availed two chances to clear the compartinentof Il Z BBA Part I in the exaininatlonsconducted in 2008 and April 2009 theyalso appearedin all the papersof BBA Part Il r the could not clear the companmentpaper of I 08 BBA Part I even after availingtwo chances in 2008 and April CO 2009 thoughpetitioners no l to 3 cleared all the papers of BBA Part Il 7 Z whereaspetitioner noA got another coinpartmenti n BBA Part ll i n thc Ll of Business Statistics Since the petitioners had cleared BBA Part ll theywere entitledto avail specialchance to clear BBA Part l compaitmenl ln thepapers of Business Mathematics and Analysis lley availedthe specialie flnal chanceto clear the ofBBA Part I The examination for the specialchance was held in 2009 Ce for then all the cleared the coinpartmenlIn Business Mathematicsand Analysis9 BBA Part I paper in this final chanceforwhich result was declaredbytheUniversityon 271 12009 Since thepetitioners had not clearedthe coinpartlnentof BBA Part l their result for BBA Part I was withheld After clearingcompartmentof 13BA Singh Gagan Preet 2014.04.26 14: 23 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 84 4 CWP Noe1431of2010 4 Part I the result of BBA Part II also calne to be declared on 151 2009 thoughtheyhad appeared in the examination in 2009 As noticedabove petitioners no 1 to 3 had cleared all the papersof BBA Palt lI whereaspetitioner noA had compartmentin one paper lt appearsthat in lhe ineanwhile the petitioners were to attendthe classesof BBA n Parl IIl by no24nstitute It is pleadedby the that theywere permitted 10 attendthe BBA Part III classes unofficiaIly in 0 0 of the declaration of their results of BBA Part I compartment I C speciallchance and BBA Part II without inarkingtheir attendance On I clearanceofthe compartlnentofBBA Part I and qualifying the BBA Pall Z examlnatlon except ln case of petitionernoA who was placedlll no24nstitute vide its Ietter dated 7 22009 C compartment I clariflcation the admissionof the petitioners in BBA Part 08 Ill TheUniversity was asked to clarify whether the examination form of r thesestudentsfor BBA Part III would be to University for April 7 Z 2010 exalnination The aforesaid Ietter was followed by another e1 Om dated 122010 Annexure 131 The Univcrsityvide its COlnmunicatiOn dated 12010 6AnnexureP4 Colly9 and informed no that as per the decision of the Syndicate of the dated 93 2008 the studentswho passedtheir BBA4 Exams in 2009 are not eligible for BBA4II exams to be held in April C 2010A copy of the decision of the Syndicate was also enclosed with the letter TheSyndicate decision mentionedabove is byway ofclariftcation to Ordinance6 Ordinance 6 readsas under Singh Gagan Preet 2014.04.26 14: 23 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 85 4CWP No1431 of2010 5 PresentOrdinance Proposed Ordinance 6 A studentwhoseresult is published latebyGuru Nanak Dev Universitv or other recognized UniversltvlBoards can be admittedwithout late fee Ivithlntwelve workingdays includingtwo trans it dayslfrom the date of UniversitieslBoardsresult notiflcation All suchcase must be reported bythePrincipal to the Universitv Office within fifteendaysfrom thedateof 1 actualadmission so as to ascertainthat the lower examlnation in whicll they have appearedare to the examinationsof this University 0 0 vide theclecision of the Syndicate dated92008 followingproviso I C5 wasaddedto the aforesaidOrdinance Provided that the above provisionwil l nol be in the case of candidateswho become Z eligible on the basisof exalninalion resul r Sincethe petitioners were deniedadmissionto BBA Part Ill Courso and they are not being to appear in the examination 08 rn to be conducted ltl April20 10 this petitionhas been filed for seeking mm of the communicationdated 122010 6AnnexureP41 wlth a Z thepetitioners to BBA4art Ill and allow them to furtherdirection to enroll Clm appearin theExalninationto be held in April 2010 Since the Universityls the only it filed its replyopposingthe clailn of the petitioners upon Ordinances 10 and 11 it ls submitted by the that on failure of the to clear conlpartlnent of BBA C afteravailingtwo chances in 2008 and AprilVlay 2009 ParteI standrevertedback to BBA Part4 lt is funher standof theUniversity that the petitioners were not to attendthe classes of BBA Part lll and no2 nstitute has illegally thein tO ttend th classes startingfrom July 2009 onwards The Universityhas furtherreliedupon the allegedamendmentto Ordinance 6 of thc GNDU Singh Gagan Preet 2014.04.26 14: 23 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 86 rWP No1431 of2010 6 Ordinanceswhereby a provisowas addedto Ordinance 6 statin2that the Ordinance 6 will not applyIn case of the students who clear the on the basis examination result TheUniversityhas also relied upon a judglnent of this Court in the case of HilrdeepKaur vs Guru Nanak Dev University Amritsar and 1 another 2010 11SCT 347 wherein a similar Ordinance of the GNDU l in respectof BCA Course hasbeen 0 C Learned counselfor the has vehelnentlyarguedthat since thepetitioners had cleared the of BBA Part l and also 0 I BBA Part II theywere eligiblefor admissionto BBA Pan Ill It is Z furthercontendedthat the amendmentdated93 2008 wherebythe Proviso has beenadded lo Ordinance 6 shall have no application 111 case of the r petltionersas their admission was in the year 2007 and they wiIl be I 08 by the OriginalOrdinance 6 It is arguedbyMrGuptalearned CO counsel forthe provisoisappliedlll caseof ea Z the petitionerslt amounts to operation of the ainendinent Y0t tl introducedon 92008 which is in law The pebbtr have 4 reliedupon ajudgment ofthe Honble Supreme Court in the case ofPunjab Universitv Ve SubashChander and another AIR 1984 SupremeCourt 1415 C I haveheard learned counsel for the partiesat lengthThe 1SSues involvedin this petitionare two fold 6l 1 admission of the petitioners to BBA Part Il and admission of the to BBA Part Ill and 621thelr to appear in BBA Part IlI examinationscheduled to be held in April 2010 to the standof the Universityon failure of thepetitioners Singh Gagan Preet 2014.04.26 14: 23 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 87 A CWP No1431 of2010 7 to avail two consecutive chances to clear compartmentof BBA Part I lll 2008 and April 2009 theystood revertedback to BBA Part l course This positiondoes not seem to be based upon correct and proper of Ordinance l l Froln the careful readingof Ordinance l l what emerges 1S that a student who fails to secure 35Io marks 111One but secures 25Io or abovemarksin that subject and also secures the aggregate640Iolis placedunder colnpaitmentSuch student is to 0 O clear the in two consecutive attemptsin the following I C5 examlnations either in that year or AprillMay next year I alongwiththe next higherclass On failure of such student to clear the Z he lS to berevertedback to the initial Course in which he was under coinpartmentThis Ordinance has three dimensions ll that even a candidateis entitledto be proinoted and adlnittedto the 08 BBA PartIl and 62Ihe s entitledto appear in compaitlnent paper lntwo r while pursuingthe highercourse 31Ifhe 1S mw Z unable to clear the class he is not entitled to avail the third special chanceand wouldhaveto be relegated Par I However hewill be entitledto a third specialchance if he haspassed the higher class in AprillMay It is colnlnon case of the partiesthat the petitionerswere admittedto C BBA Part Il and in its examinallOll lll AprillMay2009 theyavailed two chances to c lear coinpartmenl of onc paperof BBA PartI lf thev would have failed in BBA Part II theywere notentitled to avail the specialchance lird chancelto clear the lt is only on account of the BBA Part Il examinationthatthespecialchancewas allowed to them Petitionersno l to Singh Gagan Preet 2014.04.26 14: 23 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 88 Ab CWP No1431 of2010 8 1 3 clearedallpapersof BBA Part III whereaspetitioner noA has clearedall exceptone i n which he was placedunder also cannotbe said to have failed in BBA Part Il Takinginto considerationthe trueand interpretion ofOrdinance11 thepelionerscannot be revertedback to BBAPart I It would be in contraventionto Ordinance l l From the replyftledby the also it appears that the C University theadinissionof the petitloners to IS 1110re on 0 0 BBA Part IlI course ratherthantheirreversionto BBA Pan I on their failure I chances The petitlonersare C5 to clear the compartment in tWO I to have clearedBBA Part J as also BBA Part II exceptpetltioner Z llO4who hasto clear colnpartment ofBBAPart II Theybecame eligibleto in BBA Part III However thequestion is whether theywere eligible 0 to BBA Part III in July 2009 when no to be I 08 them to attendclassesunofflcially oo MrAmrit Paullearnedcounsel for nol has heavily V Z dated 93 2008 to Ordinance6 frained by the relied upon Ordinance 6 deals with the admission to a course on late declarationof result e origjnalOrdinancepermits admiSSlOlltO a COUS wllere the resultis late by Guru NanakDev University or other within 12daysfrom the date ofresult notication without anylate fee Since it deals with the Iate declarationof result by Guru 4ev and other it seems that this Nanak Dev 0 deals with the initial admissionto any course This Ordinance underChapterIll with Iate admission lt appears that this lS does not relateto admissionfrom one year to anotherin thesame theproviso has application or not course Thereforewhether Singh Gagan Preet 2014.04.26 14: 23 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 89 d 9 CWP No31 of2010 J becomesiminaterial that Ordinance6 applies to different stagesin the salne 6 cannot be read in isolation There are other course under the saine ChapterIII in Part l l whlch relatesto adinission to exanltnation I deals with the adinissionswhere m theresult is declaredlatebyGAU and other Following tr scheduleis for charging late feefor the examinationsl 0 0 1 A student result is declared late by this I for subtnissionof admissionforms with C UniIlersitvlBoardthe I andwithout late fee shall be as under Z ofadmissionformsWithin 15 daysfrom thedateof declaration iJDatefor submisslOll andfeeIvithoutlatefee ofresult for submissionofadlnissionformsWitllin 10dayslroin the iastate fllle L iiJDate of the fornlsand fee without eandfeewith late lee of Rs 1001 Ialefee I Wlthin15 daysof the Iast date Rorthe for sublnissionofadmissionforms 08 andfeewith late feeRs00 of adinission forms and fee withlatefeeoRs1001 OO for submissionofadmissionformsWithin 15 daysof the Iast date for the a andfeewith late feeof Rs5001 of admissionforins and fee withlatefeeof Rs001 Z formsWithin 15 davs of the Iast date for the vIIOate for submission w andfeewith late feeofRs10001 of adinission lorms and fee withlatefeeofRs001 Fromthe above schedule it appearsthatin the event of late of result studentcan within 15 dayswithout late fee and oflatefee of R100 200 500 and 1000 upto 55 days Oll payment a conflict between the provisoadded to thereafterThere lS Ordinance6 and 13 for which no is renderedby the Be that as it may This is relevant on ly if the have rightto seek to BBA Part 111lt cannot be that unlessthe clearBBA Part I compartmenthey are ineligible to appear in petitioners part IlI The petltionershadavailed the specialchance Singh Gagan Preet 2014.04.26 14: 23 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 90 CWPN0310f2010 10 to clearcoinpartlnent of BBA Part 1 paperin 2009 whereasthe forBBA Part III cominencedin July 2009 Admittedlytheywere classes ineligibleln July2009 to seek admissionin BBA Part lll as theyhad not evenavailed special6thircchancetill then nonstitute could not have them to join the classes awaitingthe outcome of the m result of chance when had not availed the third chance 0 for whichexalnination was to be held in 2009 B BA Part I 0 0 compartmentwas clearedby the petitioners111 on 272009 They I C BBA PartIIIOnlYOn 27 1 0091A hasbeen consideredby this Court in the case of Hardeep similar issue Z Kaur ln the aforesaidcase GNDU Ordinances BCA which are pari matena to of BBA Course have been C course observationshave beenmade consideredwherein I 08 6 In view of above Ordinances petitionerhaving 0 failed to clear the paper of BCA Part l after a7 Z availingtwo chances rd speci chance she 0 cleared afteradmissionto BCA Parl II and even in BCA Part ll shehad compartnlent inone paperthusshc was ineligible at the PartIIIWhere she was by no2Collegein July 200 C XXX xxx XXX 10The admissionof thepetitioner to BCA Part IIl was in contraventioll of Ordinance 14 of the GNDU Adnlission by Iegeto the petitlonerto BCA Part III was totally illegaland in Singh Gagan Preet 2014.04.26 14: 23 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 91 CWP No1431 of2010 11 violat1 of the University Ordinances which has the forceoflaw Thus the petitioners were for admissionto BBA Part llI Otherwisealso lt 1S own case thatthev were never forinalIy admitted to BBA Part IIl and their attendancewas neverinarked It could be m a ploy to seek helpfrom nolInstitute so that iater on their Ct could be marked to make thein eligible Under these 0 0 the cannot be to contendthat theyhad I C5 validadmissionto BBA Part III I In view of the above thispetitionis partlyallowed Petitioners Z alleeed adlnisslon to BBA Parl III is declared as illegaland invalid m Petitionershave qualified BBA Part l and Part l I exatnlnaliOilS 0 except noA who has petitionersshal howevetoe I entitledto seek admission lll BBA Part III as and when fresh classes C0 coinmence 7 Z Llm l PERMOD KOHLII JUDGE r 15 301 0 MFK to be referred to Reporteror notlYES v pNY 75 Q Singh Gagan Preet 2014.04.26 14: 23 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document