CWP No. 17535 of 2009 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 17535 of 2009 (O&M) Decided on : 20-04-2011 Sunil Kumar ....Petitioner VERSUS The Panjab University, Chandigarh and another ....Respondents CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr.Ashish Aggarwal, Advocate for the petitioner Mr. Deepak Sibal, Advocate for the respondents MAHESH GROVER, J The petitioner's grievance in the instant writ petition is that order dated 26.9.2009 (Annexure P-8) be quashed. As a consequence of the impugned order the petitioner's onward progress in the course of MBA (Executive) was thwarted on the ground that he had remained absent in 3rd semester examination and therefore as a consequence of Rule 9(a), the petitioner could not be permitted to take his examination for the 4th semester and consequently 5th and 6th semester as well. Rules 9(a) and 10 are extracted herebelow:- “9(a) A candidate who fails in the first or third semester but has secured at least 35% marks separately as well as jointly with internal assessment in not less than 50% of the papers prescribed for that semester shall be permitted to continue his studies in the second and the fourth semester respectively but he will be required to re-appear in the next April/May CWP No. 17535 of 2009 (O&M) 2 examination in such papers in which he had failed in the December examination simultaneously with the second or the fourth semester examination as the case may be. If he fail to pass the first or the third semester examination even in the second attempt his result for the second or the fourth semester examination, as the case may be, shall be cancelled and he will be required to leave the course. 10. A candidate who fails in the first, second, third, fourth, fifth or sixth semester and is not covered under the re- appear Regulation 9, may be given one more chance and allowed to appear at the next regular examination without attending a fresh course of lecturers but he will have to repeat the entire examination. If a candidate fails to pass any semester examination even after repeating the entire examination, he will be required to leave the course.” The result of the petitioner for the 3rd semester having not been declared in time, he was permitted to undertake the 4th semester course and the consequent examination as well. On declaration of the result for 3rd semester, it transpired that the petitioner remained absent and was thus declared as fail in the said semester. This was the reason to stall the course of the petitioner leading him to file the instant writ petition. He took the examination for the 5th and 6th semester under the interim orders of this Court. This Court summoned the result of the petitioner which has been produced in the Court in a sealed cover and the same is taken on CWP No. 17535 of 2009 (O&M) 3 record. The provisional result sheet issued by the respondent-University reveals that the petitioner has successfully completed 5th and 6th semesters as well. This leaves the Court to examine the controversy which in narrow confines only to whether the petitioner should be permitted to conclude the entire course or whether impediment of Rule 9(a) and 10 should be upheld so as to deprive the petitioner of the benefit of such programme/course. On due consideration of the matter, I am of the considered opinion that the facts are not in dispute. The petitioner concededly did not appear in 3rd semester examination in the first instance which led him to be declared as failed. The result of this particular semester was declared at a belated stage and during this period, the petitioner had even completed the 4th semester and taken admission in the 5th semester as well. If Rule 9(a) is to be seen, then a person who does not clear 1st and 3rd semester is not to be permitted to pursue his 2nd and 4th semester. But it is the respondents themselves who first permitted the petitioner to continue with the 4th semester ostensibly as a measure of compliance of Rule 9(a). Because of the undue delay caused by them in the declaration of the result for the 3rd semester, the petitioner not only qualified the 4th semester but also proceeded to be admitted to the 5th semester as well. In this situation, the respondents cannot absolve themselves of their liability and it is a settled principle of law that for the fault of University or institution, student cannot be made to suffer. For the aforesaid reasons, I am of the considered opinion that the petition deserves to be allowed and the impugned order deserves to be CWP No. 17535 of 2009 (O&M) 4 set aside, moreso, when the petitioner has successfully completed all his semesters including 3rd semester. Ordered accordingly. As a consequence thereof, the respondents shall declare the complete result of the petitioner and grant him the necessary certification in accordance with law. April 20 , 2011 (Mahesh Grover) rekha Judge