IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP. No. 15813 of 2009 Date of Decision: 14.10.2009. Neha Juneja --Petitioner Versus Guru Nanak Dev University, Amritsar and another. --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. R.K. Malik, Sr. Advocate with Mr. Surya Pratap Singh, Advocate for the petitioner. *** PERMOD KOHLI.J (ORAL) Notice of motion. Mr. D.S. Patwalia, Advocate, who is present in the Court has been asked to accept notice on behalf of the respondent-university. Copies furnished. Keeping in view the nature of controversy, this petition is being disposed of at the motion stage itself with the consent of learned counsel for the parties. The petitioner was student of M.Tech. (Five Years Course). She appeared in the examination for the subject of CS-311 (Computer Peripherals & Interfaces) on 16.12.2008. She was accused of the use of unfair means in the said examination. On the basis of the allegations of use of unfair means the competent authority passed the order dated 22.4.2009 disqualifying the petitioner from appearing in any examination of the university for two years vide order (Annexure P-1). The petitioner preferred an appeal against the said order on 8.5.2009. The said appeal has been dismissed by the Registrar, Guru Nanak Dev University vide letter dated CWP. No. 15813 of 2009 -2- 4.9.2009 as barred by time. It is contended on behalf of the petitioner that the communication dated 6.8.2009 was a second reminder. Aggrieved of the aforesaid order dated 4.9.2009 the petitioner made a representation asking for consideration of the appeal on merits. The said representation dated 14.9.2009 has also been rejected vide communication dated 30.9.2009 (Annexure P-7) on the same ground. The petitioner has accordingly filed this petition before this Court. It is alleged that the petitioner had filed the appeal on 8.5.2009 and according to the norms laid down by the university time for filing the appeal against the order of punishment is 30 days and the appeal filed by the petitioner was within the time prescribed. Be that as it may. It is deemed appropriate that in such cases the university should decide the cases on merits. In view of the above circumstances, impugned orders Annexures P-5 & P-7 are hereby set aside and university is directed to decide the appeal of the petitioner on merits within a period of one month. (PERMOD KOHLI) JUDGE 14.10.2009 lucky