C.W.P.No.5030 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P.No.5030 of 2008 Date of Decision:01.04.2008 Rajinder Kumar .....Petitioner versus Guru Nanak Dev University, Amritsar and others .....Respondents. CORAM: HON'BLE MR.JUSTICE ASHUTOSH MOHUNTA AND HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Ms.Jatinder Jit Kaur, Advocate, for the petitioner. Mr.D.S.Patwalia, Advocate, for respondents No.1 to 3. *** ASHUTOSH MOHUNTA, J.(Oral) The petitioner who is appearing in the M.Ed. Examination in April, 2007 is a regular student of M.G.N. College of Education, Jalandhar for the Session 2006-07. He cleared all the papers except one paper i.e. “Paper-1 Philosophy”. The petitioner applied for re-appear in the said paper. Learned counsel for the petitioner submits that as per the Ordinance 9.2 of the Ordinances and Syllabus for the M.Ed Course for the year 2006-07, if a candidate fails/remains absent in one paper only but has passed all the remaining papers, he shall be permitted to appear in that paper in the next two consecutive years. On the basis of the aforementioned Ordinance, learned counsel for the petitioner submits C.W.P.No.5030 of 2008 2 that the petitioner was entitled to re-appear in the paper in which he remained absent. Mr.Patwalia, learned counsel for respondents No.1 to 3 submits that the Ordinance 9.2 stands deleted by the Syndicate vide para No.60 dated 18.10.1999 and has in fact inadvertently been shown in the Ordinances as well as in the Syllabus for the year 2006-07, hence, the petitioner is not entitled to re-appear in the paper. In the present case, the Ordinance as well as the Syllabus, which was issued clearly permitted a student who had absented or failed in one examination to re-appear. Therefore, the petitioner was well within his right to re-appear in the “Paper-1 Philosophy”. Once it was indicated in the Ordinance that an absentee student can re-appear, then the University can not disallow the petitioner from appearing in the Examination. In view of the above, we allow the instant writ petition and permit the petitioner to appear in “Paper-1 Philosophy” which is scheduled to be held on 02.04.2008. The petitioner shall be issued Roll Number for the aforementioned paper forthwith. It is made clear that as the Ordinance 9.2 was inadvertently not deleted from the Ordinance, therefore, this order shall not be taken as a precedent in any other case. Copy of the order be given dasti under the signatures of the Court Secretary attached to this Court. ( ASHUTOSH MOHUNTA) JUDGE April 01, 2008 (KANWALJIT SINGH AHLUWALIA) seema JUDGE