IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP. No. 19617 of 2009 Date of Decision: 29.1.2010. Shwetank Panwar --Petitioner Versus Vice Chancellor, M.D.U. Rohtak and others --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. Navneet Singh, Advocate for the petitioner. Mr. Anurag Goel, Advocate for respondents no.1 & 2. Mr. Arun Gupta, Advocate for respondent no.3. *** PERMOD KOHLI.J (ORAL) The petitioner is a student of B.Tech 2nd year in ECE branch in the respondent no.3-institute. It is stated that on 16.7.2009 petitioner met with a fatal accident while riding a scooter, resulting into compound fracture patella with fracture scapula with multiple abrasions over the body. This fact is evident from the medical certificate (Annexure P-1) and the discharge slip (Annexure P-2). The petitioner remained under treatment and immobile from 16.7.2009 to 5.10.2009. He applied for medical leave and extension thereof on that count. The petitioner was not permitted to appear in the 3rd semester examination on account of shortage of attendance, though, roll number was issued to him. Petitioner has filed this petition challenging the action of the respondents in detaining him from appearing in the 3rd semester examination for shortage of attendance which according to the petitioner has occurred on account of the circumstances beyond his control. Vide an interim order dated 21.12.2009 petitioner was permitted to appear in the 3rd semester examination. Pursuant to the aforesaid order CWP. No. 19617 of 2009 -2- petitioner has been permitted to appear in the 3rd semester examination. Mr. Anurag Goyal, learned counsel appearing on behalf of M.D.U., Rohtak submits that the result of the petitioner shall be declared by the university provisionally and if, the petitioner has qualified the requisite number of papers as required under the statute, and depending upon the outcome of the result the petitioner shall be allowed to sit in the next semester as well. In view of the above, this petition is disposed of with a direction to the respondent-university to declare the result of the petitioner, in the event the petitioner has cleared the requisite number of papers and is entitled to be promoted to the next semester, the requisite permission shall be granted. Till the result is declared, petitioner shall be provisionally permitted to sit in the 4th semester. However, such permission shall not create any right or equity in favour of the petitioner and remain subject to outcome of the result of the petitioner. (PERMOD KOHLI) JUDGE 29.1.2010. lucky