C.R.No.6097 of 2009 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R.No.6097 of 2009. Date of Order: October 23, 2009. Shaina .. Petitioner VERSUS Institute of Technology and Management, Sector 23-A, Gurgaon and another. .. Respondents * * * CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI PRESENT Mr.Sanjay Vij, Advocate, for the petitioner. M.M.S. BEDI, J. (ORAL) Vide impugned order dated 05.10.2009, the application filed by the plaintiff-petitioner to attend all sessional classes including the classes of 3rd Semester of B-Tech Court of Information Technology (2008 to 2012), has been allowed only to the effect that she would be allowed to attend the classes of 3rd Semester and that the main suit will be decided within a period of two months as per the directions by the lower appellate Court. From the reply filed by the respondent-institute, it is apparent that admission fee for the 3rd Semester (2nd year) has . . . 1 C.R.No.6097 of 2009 already been deposited. The respondents have also argued before the lower Court that fee of the petitioner was inadvertently collected by the Accounts Branch and that on coming to know about this, a letter has been issued to the plaintiff for refund of the fee or get the same adjusted in the next session. There does not appear to be any illegality in the order passed by the trial Court as no interim relief can be granted beyond the original relief claimed in the plaint. The suit of the plaintiff is only limited to the extent that she may be permitted to take the examination of 2nd Semester. Since under the directions of the trial Court, she has been permitted to attend the classes of 3rd Semester and the final suit has not been decided, the plaintiff- petitioner can be permitted to take the examination of 3rd Semester at her own risk and responsibility without conferring any legal right upon her in case her suit is dismissed by the Court below. Since technically, the interim relief sought for by the plaintiff-petitioner cannot be granted to her but in view of certain subsequent events i.e., permission having been granted to her to attend the classes she having already deposited the fee, declining a young female student, an opportunity to appear ini the examination will certainly result in injustice. In the larger interest of justice, she is permitted to take the examination of 3rd Semester B-Tech Course of Information Technology (2008-2012), at her own risk and responsibility subject to her other eligibility in accordance with rules of the Institution and the University. She will be entitled to the declaration of result only if her suit regarding 2nd Semester is decreed. . . . 2 C.R.No.6097 of 2009 Notice of motion to the respondents be issued for 05.11.2009. Dasti only. A copy of order be given dasti under the signatures of Spl. Secretary. It is made clear that this Court has opted to use the inherent powers as well as powers under Article 227 of the Constitution of India in view of the circumstances pointed out by the counsel for the petitioner that the Bar of Gurgaon, is abstaining from appearance in the Courts causing prejudice to the local litigants. (M.M.S.BEDI) JUDGE October 23, 2009. rka . . . 3