Civil Writ Petition No. 6153 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 6153 of 2010 (O&M) Date of decision: 28.07.2010 Ramanpreet Kaur ...Petitioner Versus GNDU Amritsar and others ...Respondents CORAM: HON'BLE MR. JUSTICE RANJIT SINGH 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? Present: Mr. A.S. Kalra, Advocate for the petitioner. Mr. Amrit Paul, Advocate for respondents No. 1, 2 & 4. ***** RANJIT SINGH J. Today, Mr. A.S. Kalra, Advocate has submitted his power of attorney to appear on behalf of the petitioner. The petitioner took admission in Hans Raj Mahila Maha Vidyalaya, Jalandhar in Bachelor of Computer Application (BCA) course in the year 2007. She appeared in his 1st year examination and cleared all papers except the subject of Mathematics. The petitioner had failed in the said subject. As per the rule framed by the University, the petitioner was entitled to take two chances by way of supplementary examination. The petitioner did avail these two chances but still could not clear the paper of Mathematics subject. In the meantime, being a compartment case, the Civil Writ Petition No. 6153 of 2010 2 petitioner was admitted in 2nd year course. The petitioner simultaneously appeared in the final examination of BCA-II class while appearing for the supplementary examination of BCA-I in the subject of mathematics. The petitioner was entitled to another chance, which she availed while simultaneously appearing in BCA-II course as well. She, however, could not pass Mathematics paper of BCA-I. Without clearing BCA-I , the petitioner was admitted in BCA-III course. The petitioner, however, was not being permitted to appear in the examination though was permitted to appear in the practical examination. She, accordingly, filed the present writ petition to seek direction that she be permitted to appear in the annual examination. Under the interim direction issued by this Court, the petitioner was permitted to take examination. In the reply filed on behalf of the University, reference is made to the provisions of GNDU Calender, 1999, Vol.II, para 14 of this regulation which appears to regulate such like cases. This is as follows:- “14. A candidate who is placed in compartment under ordinance 13 above may join provisionally by the next higher class, if he is otherwise eligible under the ordinances relating to the concerned examination. If he fails to qualify in the compartment subject at the supplementary examination, he shall be eligible to appear again at the next annual examination in that subject alongwith the examination of the next higher class, which he had provisionally joined. If he fails to qualify even at the annual examination, his candidature for the higher Civil Writ Petition No. 6153 of 2010 3 class shall stand automatically cancelled and his result shall not be declared and if it has been declared, it shall stand annulled. Thereafter, he shall have to appear in all subjects as a regular or private candidate if he is otherwise eligible under the relevant Statutes/ Ordinances.” The contents of this regulation are clear. If candidate fails to qualify the compartment subject at the supplementary examination, he would be eligible to appear in the next examination alongwith the examination of the next higher class, which he had provisionally joined. As per this regulation, if he fails to qualify even the annual examination in the compartment subject, his candidature for the higher class would automatically stand cancelled. There is yet another exception carved out to this provisions as can be seen from the regulation produced above that the candidate is entitled to one extra chance if he had passed the next higher class examination simultaneously. Since the petitioner had passed BCA-II class examination, she was entitled to special chance and was granted the said chance when he cleared the compartment in Mathematics for the BCA 1st year. However, the petitioner is not entitled to appear in the BCA-III examination. This concession was available to her only for the next class i.e. BCA-II. In support, the counsel for the University has also drawn my attention to the decision in LPA No. 302 of 2010 titled as Hardeep Kaur versus Guru Nanak Dev University, Amritsar and another decided on 29.06.2010. Accordingly, relief claimed can not be granted to the petitioner. As per the regulation, the petitioner was not Civil Writ Petition No. 6153 of 2010 4 entitled to appear in BCA-III examination and even if she had appeared and had qualified, same is required to be annulled as per the regulation. However, the petitioner shall be considered to have qualified in BCA-II examination. She will have to face the consequences of doing the BCA-III examination again. The writ petition is accordingly disposed of. The petitioner may make a representation so far as payment of the fee for study of BCA-III class is concerned in the background that the petitioner had already submitted the entire fee for the year while studying earlier. July 28, 2010 ( RANJIT SINGH ) rts JUDGE