IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Civil Writ Petition No.7342 of 2009 Date of Decision: May 14, 2009 Inderbir Kaur Marwaha .....PETITIONER(S) VERSUS Guru Nanak Dev University, Amritsar & Others .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. Vivek Salathia, Advocate, with Mr. Vikas Gupta, Advocate, for the petitioner. . . . AJAI LAMBA, J (Oral) Inderbir Kaur Marwaha has approached this Court in its civil writ jurisdiction under Article 226/227 of the Constitution of India praying for a writ in the nature of mandamus directing the respondents to issue roll number and to permit her to appear in 8th Semester Examinations, scheduled to be held in May 2009 in the course of Bachelor of Architecture. It has been brought out that the petitioner joined the Course for 2003-2008 Academic Session. It is a semester system. The Rules governing the promotion are contained under Paragraph 4 of Annexure P-1 and read as under:- CWP No.7342 of 2009 [2] “4. Regarding Ten semester Courses: (a) there will be no condition for students promoting from first semester to second semester. (b) for admission in third semester, it will be necessary to pass atleast 50% course/papers but there will be no condition for promotion from third to fourth semester. (c) for fifth semester, it will be necessary to pass atleast 50% papers of first four semester. (d) there will be no condition for going from fifth to sixth semester. (e) for taking admission in seventh semester, it will be necessary to pass all the exams of first two semesters. (f) there will be no condition for going from seventh to eighth semester. (g) admission will be given in ninth semester if papers of first four semester will be cleared. (h) there will be no condition for going from ninth to tenth semester. (i) after tenth semester, two years time will be given to pass all the papers and to complete the course.” It has been brought out that the petitioner, by now, has cleared 1st and 2nd semesters. It is further the admitted case that the petitioner has not been able to clear 3rd, 4th, 5th and 6th Semesters. Petitioner, however, has cleared all the papers of 7th Semester. As per conditions reproduced hereinabove, the petitioner could join 5th Semester only if she had passed 50% of the papers of first four semesters. Clearly, the condition was not satisfied. Likewise, for taking admission in 7th Semester, it was imperative for the petitioner to have passed all the papers of first two semesters. CWP No.7342 of 2009 [3] At that point in time, the petitioner had not cleared the required papers, however, subsequently she cleared. Claim of the petitioner is that for promotion from 7th to 8th Semester, there is no condition as is made out from Para 4(f). The petitioner prays for the relief as given hereinabove. It seems that the respondents did not take note of the requirement and allowed the petitioner to join the next semester without her clearing the earlier semesters, as required under the Rules. The respondents kept on accepting the fees. At this point in time, the Rule has been invoked. Case set up by learned counsel for the petitioner is that under Para 4(f), since there is no condition for promotion to 8th Semester, therefore, the petitioner has a right and the respondents cannot raise the issue viz., the petitioner has not cleared earlier examinations. It remains undisputed that the petitioner could not have been promoted to 3rd Semester or the 7th Semester under the Rules. Learned counsel states that the petition be dismissed as withdrawn to enable the petitioner to pursue her case before the Vice Chancellor who has already been approached by way of filing a representation, Annexure P-10. CWP No.7342 of 2009 [4] The petition is dismissed as withdrawn with liberty to the petitioner to pursue her case before the Vice Chancellor. In view of the ensuing examinations, it is directed that representation (Annexure P-10) be disposed of within one week of receipt of copy of this order. Copy of the order be given under signatures of the Reader. (AJAI LAMBA) May 14, 2009 JUDGE avin