78 1 4 1 CWPN8583 of2009 1 Sv I11theHighCourt ofPunjabandNaryana at Dateofdecisionl0804 010 1 CWPN8583of2009 SamritiSharmaandothers Petitioners Vs 1 GuruNtlnakDev andanother 0 2 CWP 9218of2009 C3 I JugrajSingh Petitioner C5 VS I GuruNanak Dev and others Z 3CWPNo 1867of2009 Q NaveenSingh etitioner 08 Vs GuruNanak Dev r andanother wm Z 4 CWP No277 of2009 Singh oPetitioller e VS GuruNanak Dev andanother 5CWP No3363 of2009 C RimpiKumari Petitioner VS GuruNanak Dev andanother 6CWP No339 of2009 SahasChopraand another Petitioners VS 4 Rashmi 2014.03.31 10:39 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document 79 149 CWPNo8583 of2009 e OJ l GuruNlak Dev andanother 7 CWP No9351 of2009 RajivKumar andothers eePetitioners VS Guru NanakDev andanother 1 8CWPN9487 of2009 0 Singhandothers PetitionCrS 0 VS I GuruNanak Dev C andanother I 9 CWP No340 of2009 er Z SinghAulakhandothers PetitionCllS VS L Guru NanakDev andanother C45 10CWPNo10490 of2009 m SinghVirdi andothers Petitioners 7 Z VS GuruNnak Dev tl andanother 11 CWP No770 of2009 Singhand others Petitioners r VS Guru NanakDev andanother 12 CWP 9492of2009 AshishLuna andothers ePetitioners VS GuruNanak Dev andanother Rashmi 2014.03.31 10:39 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document 80 r3 e CWPNo8583 of2009 3 6 J 13 CWPNo9153 of2009 Kaur andothers Petitioners VS GuruNwoakDev andanother 14CWPNo779 of2009 Kumar andanother ePetitioners 1 VS GuruNanakDev 0 andanother C I 15CWPNo85140f2009 C5 I Dhir eePetitioncr Vs Z GuruNanakDev and anolher C 16 CWP No0038 of2009 I Jatin Scth Petitioner 08 VS r GuruNlak Dev 7 andanother Z 17 CWP N9888 of2009 m RahulSharmaandothers Petitioners VS GuruNanak Dev andothers rlew 18 CWP No9644 of2009 SiddharthAcharyaandothers VS Guru NanakDev andanother 19 CWP No41 1 of2009 AmritpalSinghand others Petitioners Rashmi 2014.03.31 10:39 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document 81 4 a CWPNo8583 of2009 4e Versus GuruNanak Dev UniversityAmritsar andanother CORAMHONBLE MR JUSTICEPERMOD KOHLl Present M VeneetShanna MrAS Manaise Ml Narcsh Mr RS Mallllas MrSK Rauan MrMaluj 1 Advocates for the 0 MrDS PatwaliaAdvocateforthe 0 I PERMODKOHLI J C I All these are being of by this Z common orderas the facts and of law lll all these t petitionsare identical I All the in these are the studciltsof 08 oo course like Bachelorof Technology me Science and Bachelor of Architecturc Degree Z in the FacultiesofAppliedSciences aild and PhysicalPlanningand Architecture Theywere admitledto the course in theyear 2005 At therelevanttime they C were by theOrdinancesframedby the Universityfor from one semesterto anothersemester Thc eligibility conditions were in para 8 of the Appendixof Ordinancesfor Under GraduateBeTechIB Arch Degree in the Faculties of Applied Ce and PhysicalPlanningand Architectur Ordinance Rashmi 2014.03.31 10:39 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document 82 4 J 9e CWPNo85830f2009 5 dated 15112000 ln at the timc of the admission 1S hereunderl 8 a A candidateshallbe to the next semester provided he secures at least 40Io marksin aggregateof all the courses taken for that seinestereven if hefails in one or 0 C morecoursels I C5 b9Reappearexaminationsfor an odd semester I shall be conductedalongwith thc next odd Z andan even seinester alongwith thenext L even semester I 08 C 1 An extra chanceshall be givento a reappear oo candidate of seventll semester O3Teclll9h nmwo Z SemesterB Archlalotlgwith the tl endsemesterexalninationprovidedthecandidate has a11the courses upto semester C d9A end semester examination shall be conductedonly for eighthBFechl tenth B Aorchlsenlester provided the candidate has a11the courses upto seventhninth semester Rashmi 2014.03.31 10:39 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document 83 J 1 CWPNo8583 of2009 m6 e9AWardof gracemarksfor these examinations shall be as per tlle Ordinances UnderClause a1of the Ordinance a candidatewas entitledto be to thenext semester if he securcs at Icast40Iomarks in aggregate of all courses taken for 1 0 thatsemester ifhe fails in one or more courses UndcrClause 0 0 examinationfor an oddsemestershall l1econductedalong I C5 withthe next odd semester and even semesteralongwith thenext I UnderClause an extra chanceis to a even semester Z candidate of 7 setnester BTecl 9 semester B r Arch with 8 and 10 semester examinationrovided a has passedall courses upto6 and eighthsemesters 08 Qo unclerClause 1I a examillationis to be m Z conductedfor 8 3Tech andtenth6BArch9semesters the candidatehas passedall the courses upto seventhlninth semesterThere is alsoa for awardof gracemarks as perthe UniversityOrdinances The Unersity amendedthe Gmm Ordinances The University has introducedthecarry Oll systemln theyear 1999for various underthe Calendar 1999 Vol IU for various courscs exceptlaw and faculties and School of Social Rashmi 2014.03.31 10:39 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document 84 j 1 e3 CWPN08583of2009 m Sciences Inrespectto the course having8 semester duration conditionshavebeenlaid down Courses having eightsemester duration a9There shal be no condition for a student llromfirst semesterto secondseinester b1However a studentshallbe to thiord 1 r semester onlyif he has passcdatleast 50Io 0 of thefirst two semestersbut there 0 I will be no conditionfot a studentfrooin C5 thirdsemester to fourthsemester I 9However a studentshall be to Ofth C Z semester onIy if he has passedatleast 50Io m tr ofthe flrst four sclncster I 08 d There will be no condition for a r studentfrom flflh to sixthsemester 7 e However a studentshall be to Z 0 seventhsemester onlyif he has passedall the ofthe flrst two seinesters 0 The studcnt shall be to eighth semester only if he has passedall the GV ofthe first threesemesters Afler a periodof eighthseinestersthe studcntshall be givena periodof two consecutive years more to passfailing which he shallhaveto start the course atleshfrom the first semester However such a Rashmi 2014.03.31 10:39 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document 85 1 1 J CWPNo8583 of2009 m8 student will not bc to qtialify the entrance test agallleIl TheaforesaidOrdinancescany on systen was further amendedbythe in itslnceting held on 13122006 llll thefollowing manner 1 PrcsentHeadingl ProoosedHadingl L iiil Carryon for various iil Cany on for 0 semester examlnationS exceptlaw seinester examinationsexceptLaw 3 and and Facultiesand Scllool of Social Facultiesand School of Social I C5 I Vide the amendmentthe carry on for various Z semesterexaminationswas made to the Ct and Faculties as well exceptLaw and SchoolofSocial Sciences However the amendmentwas appliedfrom Session 06 C0 20072008 The filrther introducedthe amendment111 m7 thecarry on systemof B Tech M Tech NlCA and MBA 5 Z 11 years course vide its decision dated l 82008 wherebythe carry on system was in all the exceptLaw and SchoolofSocial Sciencesforwhich thereare Vide the aforesaid decision the carry on systemwas made eeme to theComputer Scielce 8e and Electronic by wayof furtller clarification of the amendment introducedvide em No23 IIl themeetingof the held on 05122006 The are ofthe decisiondated 01 082008 theamendedOrdinancesGoverning thecarry Rashmi 2014.03.31 10:39 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document 86 1 CWPN08583of2009 9 has beenapplied to all the courscsreferred on to hereineaboveAs a consequcnceofthe of carry on a studentcan be from first semester to second semcster withoutany condition However such a studentcan be to third semester if he has passed at least 50 per cent 1 of the First two semesters For to 4 C1 0 semester no condition is Againfor to 5 C I semester a studentmust passat least 50 per cent of C5 I the first four semesters for from 5 to 6 Z semesterlS without any condition For to 7 semester a further cmbargo1S created that the student must pass all Q I ofthe fust two semesters Similarlyfor 08 00 to 8 semesters a studentmust qualifyall the ofthe W2 first three thereby a student will not be Z to seekadmissionin 7 semesterifhe hasany reappearor Ll of tlrst two semesters Sameeligibilitycondition woill applyfor to 8 semester and if the student has a C reappearor of first threesemesters he is ineligible to seek admissionin 8 semester Thegrievance of the petlonersis that the amendrnent introduced or the clarification issuedvide order datedOl 082008 1Sillegaland ln cases of the Witll a Vlew to their contention reliance is placedOll the OrdinallCC Rashmi 2014.03.31 10:39 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document 87 4 1 4Ilt CWPNo8583 of2009 O dated141 12000 AnnexureP1 whlch waS lll force at tlle time of which only 40 per cent marksof all the papers in a semester of tlle fact whethera studentfails in one or more papersofthat semesters It is furthcr introduced 4 tllc contendedthat carry on which was in 1 Calendar 1999 701 Uo has no to tle 0 and Technology FacultiesLaw and Schoolof Social 0 I Sciencesas 1S from AnnexurePm3 Even the atnendment C5 uant to the decision of tlle vide Itcm Z N023 111the held on 51 22006 carry on systemfor the of and Facultieshas been C from Session20072008 It is submitted that 08 n0 Slnce the were admittedIn the year 2005 this aW2 amendmentis againnot to the havingbeen Z made from Session 20072008 as per the containedin the amendmentOrdinances itself It lS contendedthat vide orderdatedOl 082008 4nnexureP41 herein the amendmenthasbeen applied C which has affected the career of the to the leamed counsel for the had the known that theywould be requiredto clear all the of first 213semesters theywould have concentratedon those papers on prior Now after two years the Rashmi 2014.03.31 10:39 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document 88 1 CWPNo8583 of2009 11m cannotbe punshedfor not havillgclearedthe papcrstwo years back It 1S the case of the that the of the rules is when it takes anyof the rightof the hither to available111 away statutelIaw to the the only 1 for to the seven and eighthsemesters was 0 thata candidateshouldsecure 40 per cent marksin aggregate in a 0 of the fact whethera candidatehas failed in semester C5 I oneor more ofthepapersofthat semester In the replyfiled by the the Z has relied upon the order datedOl 082008 whereby has beenapplied to all the courses Z carty on 08 the exceptLaw and School of Social Sciences Ill r Thcse two courses being by separate Ordinances It is 17 Z that any having 111 the flrst two semesters 1S for seekingadmissionto 7 and a candidatehaig reappear in f1rstthreesemesters lS to seek8dmissionin 8 semester It is statedthat as a matterof fact order datedOl 082008 is not an amendmento the but 0n1ybyway of clariflcation as Ordinances of 2000 were in this regardand thus necessitateda It is mentionedin the replyflled by the University that some of the who had eared ln reappear Rashmi 2014.03.31 10:39 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document 89 W4 CWPNo8583 of2009 12e examinationson first two semesters were admissionto 7 semester to clearanceofthebackogofthe first two semestersOIl theirllilingofthe affldavitthat in the event ofthe failureof the candidateto clear the iopeaf first two the admissionto l semester could be cancellcd 1 Similaraffidavits filed by the who r were 0 securedadmission lIl 8 semester while in first three 0 I semesterspapers It is that all the admissionsto 7 and C I 8 semestersin respectto the candidateswho had baclologof rst Z 213semesters were in llature and could be cancellcdOll theirfailureto clear theback4og C I When these were flled interiln orders were C45 by this Court 111CWP No8583 of 2009 Oll 292009 m 7 entryin 8 semesteor Similarorderswere passed lll other Z writ the to seekadmissionin 7 and Jm 8 semestersand also to appearlll the examinatioonslrom time to time MlDS Patwalia Iearnedcounsel for the CV has however arguedthat neither the Ordinances carrying on systemare lll naturenor thc order dated Ol082008 can be construedto have His furthercontentionis thatthe Universityis entitled to change the rules even duringthe continuanceofthe Coursebya Rashmi 2014.03.31 10:39 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document 90 1 CWPN8583 of2009 13 as the Universitydocsnot hold a promisc to a studentnot to the durationor thc manneror method of from one semestersto anotherexcept the ora courscof study for which a studentmay be entitledto notice The have placedrelianceupon a Single m C ofthis Court Pawan Kumar Shamla Vs 0 Thc State of Puniab and others 1991 639 Recent Senes C I 407 In this case the affiliating C5 the condition of passingthe I er Z exanllllatlOIlS ln a chance The studentswho are m the course at the time of introductionof thebycvs I assailedthe action of the University the lSsue a 06 leamedSingleBench ofthis Court held as follows oo It has becnlaid down in theabovereferredtwo 3 Z authoritiesthat the which are Cl at the timea studentakesadmissionin the consolidatedcourse would 1ep on applying of anyamendment till the studentSO admitted completes the course In view of this the werc not justifledin applying the byeelaws which were on 16 August 1986 to thestudentswhohadgot admissionionthe BAMS course m the 8rst year priorto that date 13 Rashmi 2014.03.31 10:39 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document 91 j 1 J 1 CWP No8583 of2009 w14m Reliance 1S also placedon Division Bench ofthis Court in the case of Munish Kumar Talwar Vs The Vice Chancellor Baba Farid Universitvof l4ealth Sciences and others 2007 S 330 Ilothis case also the rulesfor BAMS course were amended The amendedrules 1 C admissionto flnal exaominationifthere lS reappearln 0 the second examination The tllsreinhad C I reppcar lIl second though he was admission C5 I to thirdsemester but not to appearin the examinations Z This Court the held as under e 7 The short that requircs deterinination r I lll this case is whether the is to be 08 by the amended or unwainended r Ordinance The had been oennittedto ma Z in the 3 Professional examinationheld lll 2005 lfthe originaldurationofthe 3 Professionalhad not beenamendedthe hadcleared the reappearsof the2 Professional and on that account there was no before him to appear in the final examinatlOll which was then to be held in Novembere December 2005 As per the he lS suffering on account of the wrong of theamendedOrdinanceionhis case Rashmi 2014.03.31 10:39 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document 92 00 J CWPN85830f2009 el 5 77 9 Sincethc is to betreatedas belongingto batch of year 2000 as already noticedtheprovision ofparal above would also coine to his rescue When the the course he was entoitled to take thathe wouW be eligible to cleat st and m 2 Professionalby NoveinbereDecember2005 0 He reallycould tlot have any say in Oxingthe 0 I durationof the 3 byamendmentln C5 the Ordinanceafterhe hadjoinedthecoursc To I sucha situationonly theprovision Z ofpara I l ofOrdinance provided that tr candidatesadmittedpriorto 2001 will appearin I final aftertwo yearsof studyIt can 08 OO be noticedthat tlleappeanthas studiedwith the 7 batCh in 1 and 2 Professional exaininations Z Thus a diffcrentdurationof the course if being tl applied to similarlysituatedcandidates We do notsay that it amounts to discriinnationbut parity needto be inaintaincdbetween situated e4 candidatesand that IS what is soughtto be achievedbyOrdinance above We are thusofthe view that unamendedOrdinancewould govem thecase ofthe and theprosions of the amended Ordinance cannot be made to him 55 Rashmi 2014.03.31 10:39 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document 93 1 rJ CWPNo8583 of2009 16 d To thecontrary Mr DS Patwalia lcarncdcounsel appeanngfor the has oreliedupon PuniabUniversity Vs Chanderand another 98413 Coutt Cases 603 In ths case the hadsecuredadmissionto MBBS course 111 theyear 1965 The existing 1 of50 per cent marksto passin eachsubjectln addition nlinlnlUlll 0 to the above therewasa rule for grantof grace marks 0 I uptoOne of thetotal aggregate marksincludinglnarksfor CA I andinternalassessmentif a candidatefails ln OilC Or 111010 Z In theyear 1970 an amendmentwas madein the rules and the award of grace mat1cs was conflllcdto total l marks excludingthe lnarks for intemal assessment 06 Wherc a candidatefails ln one oor more he has ri3 3 in all wherea separate of passing Z also exists In case of BAMSIBDS examinationthe marks of one percentwas confinedto eachsubjectand not to of all subjectsThe who was a studentof MBBS was failingln one paperHe claimedgracemarkson the a basisofunamended rules but he was awardedgracemat1cson the basisof the amendedrules which did not prove beneScialto him He the same in thePunjab andHaryanaHigh Court A Full Bench ofthisCourt allowedthewrit petitionholdingthatthe rules at the time of the admissionof the stlldentswould Rashmi 2014.03.31 10:39 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document 94 av 91 CWPNo8583 of2009 17 rules cannot be applied to applyandthe thedetrimentofthecandidates Honblc the Court while theissueheld as underl 11 We donot agreewith the learnedJudges of the FullBenchofthe HighCourtthatthere is any eIelnentof 1 retrospectivltyin the broughtabout by the C additionofthe to Rule 2l ofthe Calendarfor 0 0 theyear 1970 to the Shorter I Oxford Third Edition in rclationto C5 I Statutesetc means with regard to pasttime Z The broughtabout by the addition of tlle 2 to Rule 2 does not say that it shall be C with effect from any earlier date It is 08 Itois not possible to hold thatit is m 1n merelybecouse though W2 Z introduced111 1970it was to SubashChander tl 1 who for the OnalexatninationIll 1974afterhe hadjoinedthe course earlierin 1965 No was made or could be deemedto havebeen mad to him at the tiine of his admission in 1965that ee therewill be no alterationof the rule or ln to the percentage of marks for passing anyexaininationor awardof grace marksand that the rules theretowhich were in force at thetime of hisadmissionwould coiltlnueto be applied to hiin until hefinishedhiswholecourse 91 Rashmi 2014.03.31 10:39 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document 95 9 J CWPNo8583 of2009 18 1 12 Thereforcweare clearlyofthe opiionthatthereis no of the changein the rule made in the year 1970 merelybccause lt was in 1974to SubashChanderwho hadjoined theA4BBScourse in 1965when the rule award of grace markswas different lil thesecircuinstances 10 affinntheview of DK Mahajan and P Jain JJ we 0 in theDivisionBench in SewaRain 0 I V Kurukshetra and the view taken 0 bythe learnedJudgesof theFull Bench in the decision I underappealin this case andhold that the University Z rightin holding thatSubashChander l was r was not entitledto 16grace marksundcr the old rule butwas entitledto only4 gracemarksuildcrlhe new rule 08 QO and had thereforenot passedthe cxam ination 111 me We allow the appealbut withoutany order Z Howeverthis decisionwoillnot affect the as to costs Om result of the examination of Subash Chander Ill if it had beendeclaredas per the directionof thelearnedJudges ofthe Full Bench in tloeLettersPatent Ce Appeal The aforesaid was followed byanotherBench of the Court 111 the case of Puniab University Vs DevianiChakrabartiandothers 19849 3 CourtCases 612 whereinit hasbeenheld as followsl Rashmi 2014.03.31 10:39 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document 96 4 r CWPNo8583of2009 e19 9n the prescntcase alsothe new decisions are facie in andtheydid not become merelybecausethey applied to studentswhohadalready startedtheir educationalcareers We therefore allow these but without any order as to r costsand set aside the of the Hlgh 0 Court and disinissthe writ petitionsHowever C I this decisionwill not affectthe rightwhich might C5 I have been to the in the writ on thebasis ofthe Hlgll Z Courtwhichllavebeenreversedin theseappeals A similar issue came to be consideredby a Division I 08 Bcnch of this Court 111the case of Rahul Gupta Vs State of oo Hryana 2000 4 5CT 1099 whereinSubhashChanders case mm Z supral hasbeenrelied upon andit hasbeenheld as underl Qm 4 We haveheardleamedcounselfor theparties and are of the Vlew that there is no merit in the writpetitions The onlyargumentadvancedbythe counselfor the is that when his client joinedthe diploma course m the year 1997the madeit clear that the durationof that course was 3 ycarsandthe couldnot change the durationtill the studeontswho joined the course in the academicsession199798 had Rashmi 2014.03.31 10:39 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document 97 r7J 1 CWPNo8583 of2009 20 the same He has placedreliance on Full Bcnch of this Court in Alnardeep Sinh Sahotav StateofPuniabetc 1993 41SLR 67311993 441SCT 328 08 Hl 7Bl and Singhandanotherv StateofPuniab and others1998 21SLR 1411997 41SCT 51 Q H FBI We are unable to agree with thc 0 COtltentionof the From thestandtaken CO I by the it 1S clear that the competent C5 decided in the year 1995to revisethe I curriculuinof Electronics and Coinmunication Z Course to 3m12 yearsconsiingof 7 semesters The7 semester includesthe itolant I andthe inarks awardedto a candidatein 08 CO this training have to be includcdin the diplolna awardedto him It 1S further clear that the Z Director Techilical Education Haryanaby his CL coinmunication dated1810 1995 infonnedall the ofthe Institutesin the StateofHaryana which impartsuch education that the durationof the course had beenincreasedto 3112 yearsand thattherevised curriculumwas to be with effect from the academic session 199960 What happened was thatwhenthe prospectus was issued for the academic session 1997m98there was an inadvertenteneor therein and the duration Rashmi 2014.03.31 10:39 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document 98 md CWP No8583 of2009 21m of tlle coursc was shown to bc of 3 years When thisetror was noticed the Director Technical EducationHatyanasentanothercommunication to all tlle of the Institutes education 111 Electronics aIld Colnmunication Coursethattherevisedcurriculumwas to j be with effect from the academic 0 sesSlOll 199596 This is not a case wherethe CAO I durationof tlle course was changcd inidestream C The duration of the course had alreadybeen I increased to 3m112 years in thc year 1995andthe Z is onlytryingto take of the W C errorthat creptin the ofthe prospectus I fortheacademicsession1997e98We are further 08 10 of the view thateven afterthe coinoinencement of wn thecourse which was earlier3 ycarsit was opento Z the to change thedurationby Ll theRules as hasbeeilobservedbytheir of the SupremeCourt in Panjab v SubashChanderandanother AlRe eeee 1984 SC 1415 When a course stretching over a periodof 3 years commencesand the students jointhat course the authoritiesomakeno promise that there would be no alterationof tlle duratloll andthat the Rulesin regard theretowhich were m force at the time of admission would continue to Rashmi 2014.03.31 10:39 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document 99 1 e CWPN8583 of2009 m22m be until the wholecoursc is finished ln thecase beforc us as already observedtherewas onlyan crrorin the of the prospectus thebasisofwhich theprescntpetition has bcCll Oll filed We are satisfiedthat thc durationof the COllrSC had been extendcd 10 3 112 years i C over 7 semesters even before thc 0 joinedthe saine ln this view of thc 0 I matter the who has cleared the 6 0 seinesterexaminatloll did not become eligiblefor admlssionto the course He is yetto Z theitolant training iil the7 Semester C and tlle omarks obtainedby hioinin that I wouldbc takeninto account beforethediploma 1S c6 C0 awardecl100him I em Another Division Bench of this Court in the case of Z 0m Bhargoand otllersVs Baba Farid UniversitvofHealth Sciences and others 2007 29 SCT 139 has observed as followsl lm 10 The facts as noticed above clearlyshow that the hadbeenadmittedin BAMS coursein the College No3 111 the year 2000 and at thatpointof time tlle said collegewas affiliated with Guru Nanak Dev but Iateron on constitution of Baba Farid of Health Sciences the said Rashmi 2014.03.31 10:39 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document 400 4 e r3 1 CWPNo8583 of2009 e23 collegecameto be affialocd with Baba