Civil Writ Petition No.6296 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Misc. No.8588 of 2008 with Civil Writ Petition No.6296 of 2008 Date of decision: 1st May, 2008 Jaspreet Singh … Petitioner Versus Guru Nanak Dev University and another … Respondents CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Ramesh Sharma, Advocate for Mr. Amrik Singh Kalra, Advocate for the petitioner. Mr. R.S.Bajaj, Advocate for the respondents. KANWALJIT SINGH AHLUWALIA, J. CM No.8588 of 2008 Allowed. Replication to the written statement filed by respondent No.2 is taken on record. CWP No. 6296 of 2008 The present writ petition has been filed by Jaspreet Singh, a student of Lovely Institute of Law, Lovely Campus, Chhehru, Phagwara, District Kapurthala, against Guru Nanak Dev University, Amritsar (respondent No.1) and Lovely Institute of Law (respondent No.2). It has been prayed that a writ in the nature of mandamus be issued directing the respondent No.1 to issue roll number to the petitioner and he be also Civil Writ Petition No.6296 of 2008 2 permitted to appear in the examination of second year LL.B. course which is to commence from first week of May, 2008. On the prayer made by the petitioner in the writ petition, notice of motion has been issued. Respondent-college has filed no written statement. It has been stated that petitioner got admission in the first year of LL.B. three year course in the year 2006. In first year examination held in April 2007, result was not declared and the next session started on 30th April, 2007. Since, the result was not declared, the students were allowed to undertake classes of the second year. Result was declared on 5th September, 2007 and the petitioner, out of papers of seven subjects, passed only in two subjects. Therefore, he was not eligible for promotion to the second year. Therefore, he was stopped from attending the classes. Petitioner applied for re-evaluation and the result of the re-evaluation was received in the college on 14th January, 2008 and same was displayed on the notice board of the college and petitioner was telephonically informed about the result. It has been further averred in the written statement as under: “However, petitioner never came to the college to apply for re-admission within 10 days of the declaration of the said result. Subsequently, the Detail Mark Card (DMC) of various candidates including the petitioner were received by the answering respondent from the Respondent University on 21.01.2008 in the Central Registry of the Institute and by the Law Department of the Institute on 22.01.2008. Again petitioner was informed telephonically about the receipt of the said DMCs. Petitioner thereafter approached the answering respondent on 23.01.2008 and collected his DMC after putting his signatures in the register maintained for the said purpose. Since petitioner was not eligible to join the second year LL.B. course, he having not applied for re-admission within 10 days of declaration of result of re-evaluation, he submitted an application on 23.01.2008 itself for refund of his fees. Though Civil Writ Petition No.6296 of 2008 3 there is no provision for refund of fees, taking compassionate view, his request for refund of fees was allowed and he was refunded a sum of Rs.18,650/- without deducting even a single penny. Now after passage of such a long time, petitioner cannot be allowed to turn around and take the plea that he should be allowed to appear in the second year examination of LL.B. commencing w.e.f. 06.05.2008. Moreover, petitioner does not fulfill the criteria of attending a minimum of 66% lectures as prescribed by the Respondent University to be eligible for appearing in the 2nd year LL.B. exams.” We have heard counsel for the parties. Since the petitioner has taken refund of the fee and had not attended classes, on account of shortage of lectures, he is not entitled to the relief sought. Therefore, the present writ petition is dismissed being devoid of any merit. [KANWALJIT SINGH AHLUWALIA] JUDGE [ASHUTOSH MOHUNTA] JUDGE 1st May, 2008 rps