CWP No.4232 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CASE NO.: CWP No.4232 of 2008 DATE OF DECISION: May 5, 2008 JYOTI SACHDEVA ...PETITIONER VERSUS KURUKSHETRA UNIVERSITY, KURUKSHETRA ...RESPONDENTS AND OTHERS CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA. HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. PRESENT: MR. A.K. KHUNGER, ADVOCATE FOR THE PETITIONER. MR. C.B. GOEL, ADVOCATE FOR THE RESPONDENTS. ASHUTOSH MOHUNTA, J.(ORAL) The petitioner alongwith several other students appeared in the examination for Post Graduate Diploma in Computer Applications held in May, 2006. The examinations were conducted by the Kurukshetra University. The compilation of result and preparation of the award was outsourced from a computer agency, namely, 'Star International Ltd., New Delhi'. An error crept in while issuing detailed marks sheet to the petitioner. In the detailed marks sheet the marks of the petitioner were erroneously reflected as 47, although she had actually got 27 marks in the Post Graduate Diploma in Computer Applications. On the basis of marks-sheet the petitioner got admission in M.Sc. IInd Part Computer Science, in May, 2006 and passed the examination in the year 2007. At present, the petitioner is student of Masters in Computer Application. The respondents, however, realized that the petitioner has been wrongly issued the detailed marks sheet for the Post Graduate Diploma in Computer Applications. It was detected that the petitioner had actually CWP No.4232 of 2008 -2- secured 27 marks, whereas as per the detailed marks sheet issued to the petitioner she had obtained 47 marks. Accordingly, the respondents issued a notice to the petitioner for rectification of the detailed marks sheet on 24.01.2008. Counsel for the petitioner submits that there was neither any manipulation on part of the petitioner in issuance of the detailed marks sheet for the course of Post Graduate Diploma in Computer Applications nor the petitioner can be held responsible in issuance of an erroneous marks-sheet for the aforementioned course and hence as the petitioner has got admission in the Masters of Computer Application which is a higher course, therefore, she cannot be asked to reappear in the Post Graduate Diploma in Computer Applications Course, specially, when she has passed the higher examinations, i.e. M.Sc. Part II Computer Science. Counsel for the petitioner also submits that mistake has been detected by the respondents highly belatedly, i.e. almost 2 years of the issuance of detailed marks sheet and hence the petitioner cannot be asked to reappear and the clock cannot be turned back as the petitioner has already cleared the examinations of the next higher classes. Counsel for the respondents, however, submits that the petitioner had secured only 27 marks and had failed in Paper II of the Post Graduate Diploma in Computer Applications, therefore, she would have to clear Paper II first before she could go on higher examinations. Learned counsel submits that as there has been mistake on part of the respondents, therefore, the respondents-University is ready and willing to hold a special examination for the petitioner to clear her Paper II examination. After hearing the counsel for the parties, it is apparent that the CWP No.4232 of 2008 -3- mistake has been committed by the respondents-University in issuing a wrong and erroneous marks-sheet with regard to Paper II of the Post Graduate Diploma in Computer Applications to the petitioner. Nevertheless, the fact remains that the petitioner has secured 27 marks, whereas the minimum pass marks were 40. If a correct detailed marks sheet would have been issued to the petitioner then obviously the petitioner would not have been able to get admission in next higher class before reappearing in the paper in which she had failed. In this view of the matter, we dispose of this writ petition with a direction that the petitioner may appear in Paper II of Post Graduate Diploma in Computer Applications Course which is to be held on 23.5.2008. In case the petitioner clears the said paper the cancellation of her result would be rectified. The petitioner having also passed M.Sc. Part II Computer Science examination shall also be regularized. The respondents shall not be allowed to take any objection with regard to the petitioner having passed the subsequent examinations. It is also made clear that in case the petitioner fails in this attempt also in Paper II then she would be given an additional chance also, as the mistake was clearly on part of the respondents in issuing an erroneous marks-sheet. The petitioner shall apply in accordance with the rules and regulations. The order is being passed only in the peculiar facts and circumstances of this case only. (ASHUTOSH MOHUNTA) JUDGE May 5, 2008 (KANWALJIT SINGH AHLUWALIA) Gulati JUDGE