HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.23263 of 2010 (O&M) Date of Decision: 21.10.2011 **** Kanu Anand & Ors. . . . . Petitioners VS. Baba Farid University of Health Sciences, Faridkot & Ors. . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 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? **** Present: Mr. JS Lalli, Advocate; Mr. BS Jaswal, Advocate; Mr. Sukhjinder Singh, Advocate for the petitioner(s) Mr. KS Dadwal, Advocate; Ms. Alka Chatrath, Advocate for Baba Farid University Mr. Deepak Sibal, Advocate for respondent No.5 **** SURYA KANT J. (ORAL) (1). This order shall dispose of CWP Nos.23263 of 2010; 15, 44, 419 of 2011 as common issues are involved in these cases. The petitioner(s) are the students of B.Sc. (Nursing) who were admitted in the 4-year Degree Course in the year 2008 in the respondent-Institute. The petitioner(s) appeared in the First-Year examination held in the year 2009 and got re-appear in more than one papers. As per the Regulations in vogue at that time, it CWP No.23263 of 2010.doc - 2 – appears that the petitioners were entitled to avail only one subsequent chance which they availed and unfortunately failed. Meanwhile, the petitioner(s) were promoted to Second-Year Course. (2). The petitioner(s) has/have passed the First-Year Examination in May-June, 2010 only though they re- appeared and failed in that Examination when held earlier in December, 2009. (3). The petitioner(s), however, were not admitted to the Second-Year examination on the plea that they could not qualify the First-Year examination within the stipulated period. (4). This action of the respondents led to filing of these writ petitions. (5). This Court vide an order dated May 6, 2011 directed the respondents to allow the petitioner(s) to appear in the Second-Year examination which was scheduled to be held in May-June, 2011. The petitioners accordingly availed that opportunity. (6). The short question that arises for consideration now is whether the admission of the petitioner(s) who have already appeared in Second-Year Examination in May- June 2011 under the orders of this Court, be regularized? The record does suggest that the applicability of the University Regulations and/or the claim for one more CWP No.23263 of 2010.doc - 3 – opportunity to the students to re-appear in the examination, have been the bone of contention for a long time. (7). Tilting the weight in favour of the petitioner(s) who were permitted by this Court to appear in the Second-Year examination, I allow the writ petition and direct the respondents to declare the result of Second-Year examination of the petitioner(s) conducted in May-June, 2011. (8). It is made clear that this order shall not be taken as a precedent in relation to the interpretation of the Regulations. (9). Ordered accordingly. Dasti. 21.10.2011 vishal shonkar (S u r y a K a n t) Judge