83 4t CWPNo8583 of2009 In theHighCourt ofPunjabandHaryana at Dateofdecisionl0804 010 1 CWPNo8583of2009 SamritiSharmaandothers Petitioners Vs 1 Lr Guru Nanak Dev Universityandanother 0 2 CWP 9218of2009 CA3 I JugrajSingh Petitioner 0 VS I Guru Nanak Dev andothers Z m 3CWPNo11867 of2009 C e I NaveenSingh Petitioner 08 Vs Guru Nanak Dev 00 and another 7 Z 4 CWPNo277 of2009 tl Singh etitioner VS Guru Nanak Dev andanother 5CWP No3363 of2009 C RimpiKumari etitioner VS Guru Nanak Dev andanother 6CWP No339 of2009 SahasChopraandanother Petitioners VS JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 84 CWPNo8583 of2009 n2 Guru Nanak Dev andanother 7 CWP No351 of2009 RajivKumar and others Petitioners VS Guru Nanak Dev andanother m lr 8CWP No9487 of2009 0 Singhand others Petitioners CAO VS Guru Nanak Dev C5 andanother 9 CWP No340 of2009 Z SinghAulakh andothers Petitioners VS Q 4 Guru Nanak Dev I and another 08 10CWP No10490 of2009 OO we SinghVirdi and others Petitioners Z VS Guru Nanak Dev Qm andanother 11 CWPNo9770 of2009 Singhand others Petitioners r VS Guru Nanak Dev and another 1 CWP9492of2009 Ashish Luna and others Petitioners VS Guru Nanak Dev and another JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 85 a 1 CWPNo8583 of2009 3 13 CWP No9153 of2009 Navdeep Kaur and others Petitioners VS Guru Nanak Dev andanother 14CWP No779 of2009 1 Kumar and another Petitioners Q VS Guru Nanak Dev 0 andanother CAO I 15 CWP No8514 of2009 C5 Dhir Petitioner Vs Z GuruNanak Dev andanother tr 16 CWP No0038 of2009 08 Jatin Seth Petitioner VS C Guru Nanak Dev awm andanother 2 17CWPNo888of2009 Qa Rahul Shannaand others Petitioners VS Guru Nanak Dev andothers Ce 18CWPNo644of2009 SiddharthAcharyaandothers Petitioners VS Guru Nanak Dev andanother 19 CWPNo9411 of2009 AmritpalSinghand others Petitioners JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 86 0 04 CWP No8583 of2009 4 Versus GuruNanak Dev UniversityAmritsar andanother CORAM HONBLE NU2 JUSTICE PERMOD KOHLI Presentl Mreneet Sharma MrAS Manaise Mr Naresh 1 Prabhakar Mr RS Manhas MrK Rattan MrManuj C NagrathAdvocates for the 0 MrS Patwalia Advocatefor the C I PERMOD KOHLI J C I All these petitionsare beingdisposedof by this Z common order as the facts and of law 111 all these 2 0 petitlOtlSare identical All the in thesepetitions are the studentsof C45 ClO course like Bachelor of Technology mmeo Science and Bachelor of Architecture Degree Z tl Progre in the Faculties of AppliedSciences and and PhysicalPlanningand Architecture Theywere admittedto the course 111theyear 2005 At the relevanttime they C were governedby the Ordinancesframed by the Universityfor promotionfrom one semester to anothersemester The eligibility conditions were ln para 8 of the Appendixof Ordinances for Under Graduate BTechlB Arch Degree in the Faculties of Applied c Technology and PhysicalPlanningand Architecture Ordinance JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 87 4 CWPN08583of2009 5 dated 15112000 lIl operation at the time of the admission 1S hereunder 8 a9A candidateshall be promoted to the next highersemester providedhe securesat least 40Io w C Inarks in aggregateof all the courses taken 0 for that semester even if he fails in one or C more coursels Z C5 b9Reappearexaminations for an odd semester I shall be conducted alongwith the next odd Z semester and an even semester alongwith the next C even semester a5 C 9 An extra chanceshall be givento a reappear oo candidate of seventh semester 6BTech 9th nz Z SemesterB Arch9alongwith the 0m end semester examinationprovidedthe candidate has passedall the courses upto semester C d9 A end semester examination shall be conducted only for eighthBFech9l tenth B Arch9semester providedthe candidate has passedall the courses upto seventhlninth semester JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 88 CWP No85830f2009 6 e9AWardof grace marks for these examlnations shall be as per the Ordinances 55 Under Clause 6a9ofthe Ordinance a candidatewas entitledto be to the next highersemester if he secures m at least 40Io marks 111 of all courses taken for thatsemester if he fails ln one or more courses UnderClause6b 0 0 examinationfor an odd semestershall be conductedalong I C5 withthe next odd semester and even semesteralongwith the next I even semester Under Clause6c an extrachanceis to a Z candidate of 7 semester 6BTech99 semester 6B t Arch alongwith 8 and 10 semester examination a I O candidatehas passedall courses Upto6thand eighthsemesters Cll under Clause 6d9a examination is to be 7 Z conductedfor 8 6BTech andtenth semesters tl the candidatehas passedall the courses upto seventhlninth semester Thereis also a for awardof grace marks as perthe UniversityOrdinances The Universityamended the teee aforesaidOrdinances The Universityhas introducedthe cany on 0 systemln theyear 1999for various underthe 4 Calendar 1999 Vol III for variouscourses exceptlaw Ij and Technologyfacultiesand School of Social 1 1 4 9 1 JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 89 r CWP No8583 of2009 7 Sciences In respectto the course having8 semesterduration followingconditionshavebeen laid downl 3 Courses havingeightsemester duration a There shall be no condition for promoting a studentfrom first semester to second semester b9However a studentshall be to third m semester only if he has passedatleast 500Io 0 0 of the 6rst two semesters but there I will be no condition for promoting a studentfrom CD third semester to fourth semester Z C However a student shall be promoted to fifth r e2 semester only if he has passedatleast 500Io 0 ofthe flrst four semester I 08 d9There will be no condition for a CQ studentfrom fifth to sixth semester wno Z e9 However a student shall be to a seventh semester only if he has passedall the ofthe first two semesters f The student shall be promotedto eighth semester only if he has passed all the of the first three semesters After a periodof eighthsemestersthe student shall be givena periodof two consecutive years more to passfailingwhich he shall haveto start the course afresh from the flrst semester However such a JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 1 90 lr 4 CWP No8583 of2009 e 4 studentwill not berequired to quali6r the entrance test agaill 15 The aforesaidOrdinances6canyon was 6lrther amendedby the Syndicate in its meetingheld on 13122006 lIl thefollowing mannerl m PresentHeadingl ProposedHeading1 iiil Cany Oll Systemfor vanous iii Carry on Systemfor VarlOUS 0 semester examinatlonS 6exceptlaw semester examlnations 6exceptLaw Cm3 and and Faculties and School of Social Faculties and School of Social Sciences C9 Sciences I Vide the amendment the cany on systemfor various Z semester examinations was madeapplicableto the a 1 andTechnology Faculties as well exceptLaw and School of Social I Sciences However the amendmentwas appliedfrom Session 08 ao 2007e2008 The University6lrther introducedthe amendmentln ef S the cany on systemof B Tech M Tech MCA and MBA 5 Z Q yearscourse vide its decision dated l 82008 wherebythe c on system was appliedlIl all the exceptLaw and School of Social Sciencesfor which thereare separateOrdinances tennn0 Vide the aforesaid decision the carry on system was made applicable to theComputer Science and Electronic Technologyby way of further clariflcation of the amendment introducedvide Item No3 lll the meetingof the held on 05122006 The are ofthe decision dated Ol082008 wherebythe amendedOrdinances Goveming the cauy JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 91 5 t CWP No8583of2009 rP on systemhas been appliedto all the coursesreferred to herenabove As a consequence ofthe of carry on systema student can be from flrst semester to second semester without any condition However such a studentcan be to third semester if he has passedat least 50 per cent 1 L of the First two semesters For promotion to 4 0 semester no condition 1S Againfor promotion to 5 C semester a studentmust pass at least50 per cent of CD the flrst four semesters Again for from 5 to 6 Z semester lS without any condition For promotion to 7 semester a m further embargo1S created that the student must pass all ofthe flrst two semesters Similarlyfor ct4 ClQ to 8 semesters a studentmust quali67 all the ofthe r WAV flrst three thereby a student will not be Z r eligibleto seekadmission in 7 semester ifhe has any reappearor backlogof 6rst two semesters Same eligibilitycondition will applyfor promotion to 8thsemester and if the student has a reappear or backlogofflrst threesemesters he is ineligibleto seek admissionin 8 semester The grievance of the 1S that the amendment introducedor the clarification issuedvide order dated01082008 1S illegaland ln cases of the With a vlew to supporttheir contention reliance is placedOIl the Ordinance 41 JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 92 1 0 Ll 1 CWPNo8583 of2009 10 d dated 141 12000 64nnexurePl9 which was lIl force at the time of admission which onlyrequired 40 per cent aggregate marks of all the papers ln a semester of the fact whether a studentfails in one or more papersof that semesters It ilnher contended that carry on systemwhich was introduced 111 the m UniversityCalendar 1999 6Vol III has no to the 0 and Technology Faculties Law and School of Social C C5 I introduced pursuantto the decision of the Syndicate vide Item Z No23 lll the meetingheld on 5122006 cany on systemfor the 2 disciplinesof and TechnologyFaculties has been I applied from Session20072008 It is submittedthat C45 CO Slnce the were admitted lIl the year 2005 this W2 amendmentis againnot applicable to the havingbeen Z Qm specificallymade operative from Session 2007m2008as per the contained in the amendmentOrdinances itself It 1S hlrthercontendedthat vide orderdated01082008 exure P4J C herein the amendmenthas been applied which has adverselyaffected the career of the Accordingto the learned counsel for the had the known that theywould be requiredto clear all the of flrst 213semesters theywould have concentrated on those papers on priority Now afler two years the JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 93 d CWP No8583 of2009 11 eP cannot be punishedfor not havingclearedthe papers two years back It 1S the case of the that the of the rules is when it takes away any of the rightof the hither to available ln existingstatutellaw Accordingto the the only for promotion to the seven and eighthsemesters was 0 that a candidateshould secure 40 per cent marks 111aggregate ln a 0 I semester of the fact whether a candidatehas failed lIl C5 I one or more ofthe papers ofthat semester er Z In the replyflled by the the Universityhas relied upon the order dated 01082008 whereby 1 I carry on systemhas been appliedto all the courses 08 in the exceptLaw and School of Social Sciences CtO m7 These two courses beinggovemedby separateOrdinances It 1S Z reiteratedthat any having lll tl the flrst two semesters is ineligiblefor seekingadmission to 7 semester and a candidatehavingreappear 111flrst three semesters 1Sineligible to seek 8dmissionin 8 semester It is statedthat as a matter of fact order datedOl082008 lS not an amendmento the but onlybyway of clarification as previous Ordinances of 2000 were in this regardand thus necessitateda clarification It is mentionedin the replyflled bythe University that some of the who had lll reappear JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 94 CWP No8583 of2009 12 examinationsOll first two semesters were grantedprovisional admissionto 7 semester subject to clearanceofthe backogofthe first two semesters on their fllingof the affldavit that in the event of the failure of the candidateto cIearthe reappear of first two semesters the admission to 7 semester could be cancelled m Ct Similar affldavits were flled by the who 0 securedadmission 1118 semester while 111flrst three C semesterspapers It is submittedthat all the admissionsto 7 and 0 I 8 semesters in respectto the candidateswho had backogof first Z 213semesters were provisional in nature and could be cancelledon 1 their failureto clear the backelog I When these petitions were filed interim orders were 08 0 passedby this Court in CWP No8583 of 2009 OIl 292009 w allowingentryin 8 semester Similar ordersWere passedin other Z writ petitions pennitting the to seek admissionin 7 and CL 8 semesters and also to appear lll the examinationsfrom time to time c MrD Patwalia leamed counsel for the has however arguedthat neither the Ordinances canylng on systemare 111nature nor the order dated Ol082008 C810 be construedto have operatlOIlHis 8lrther contentionis that the University 1S entitled to change the rules even duringthe continuance ofthe Course by a JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 95 1 1 CWP No8583 of2009 13 e studentas the Universitydoesnot hold a promise to a studentnot to changethe duration or the manner or method of from one semesters to anotherexcept the syllabus ora courseof studyfor which a studentmay be entitledto notice The have placedreliance upon a Single m ofthis Court reportedPawan Kumar SharmaVs 0 The State of Puniab and others 1991 639 Recent Services C 407 In this case the affiliatingUniversity C5 I the condition of passingthe Z examinations m a particularchance The students who are 2 the course at the time of introductionof the 0 I assailed the action of the the issue a 06 learnedSingleBench ofthis Court held as followsl ao w It has beenlaid down in the above referred two Z authorities that the which are ll at the time a studenttakesadmissionin the consolidatedcourse would keepon applying of any amendmenttill the student so 4 admittedcompletes the course In View of this the were not justifiedin applyingthe byelawswhich were on 16 August 1986 to the studentswho had got admissionin the BAMS course lIl the first year prior to that date 15 JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 96 1 4 CWP No8583 of2009 14 Reliance is also placedon another Division Bench judgmentofthis Court in the case of Munish Kumar Talwar Vs The Vice Chancellor Baba Farid Universitvof Health Sciences and others 2007 SL 330 In this case also the rules for BAMS course were amended The amended rules 1 admissionto flnal examinationif there lS reappear111 0 the second examination The petitioner therein had C40 I remappearln second thoughhe was granted admission C5 to third semester but not to appear 111the examinations Z This Court thequestionheld as underl tr 7 The short question thatrequiresdetermination in this case is whether the appellantis to be c6 governed by the amended or umended r11 Ordinance The appellanthad been permitted to 2 Z appear in the 3 Professionalexaminationheld 111 tl AprilMay2005 Ifthe originaldurationofthe 3 Professionalhad not beenamended the appellant had cleared the reappearsof the 2 Professional and on that account there was no before him to appear 111 the flnal examination which was then to be held lll November December 2005 As per the appellanthe 1S suffering on account of the wrong application of the amendedOrdinance in his case JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 97 71 1 4 CWPNo583 of2009 15 9 Since the is required to be treatedas to batch of year 2000 as already noticed theprovisionofpara11 above would also come to his rescue When the appellant joinedthe course he was entitledto take positionthat he would be eligibleto clear lst and 2 Professionalby NovemberDecember2005 0 He reallycould not have any say 111flxingthe 0 I durationof the 3 by amendmentin C I the Ordinanceafterhe hadjoinedthe course To remedy such a situationonlyperhaps theprovision Z of para 11 of Ordinance provided that L candidates admittedpriorto 2001 will appear lIl 08 final aftertwo yearsof study It can m be noticedthat the has studied with the 2 batch in 1 and 2 Professional examinations Z CL Thus a differentduration of the course if being appliedto similarlysituatedcandidates We do not say that it amounts to discriminationbut parity need to be maintained betweensimilarly situated C candidatesand that 1S what is soughtto be achievedbyOrdinance above We are thus ofthe view that unamendedOrdinance would govem the case ofthe appellantand theprovisions of the amended Ordinance cannot be made applicable to him 53 JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 98 J CWP No8583 of2009 16 To the contrary Mr DS Patwalia leamed counsel for the has relied upon PunjabUniversitv Vs SubashChander and another 3 Court Cases 603 In this case the had securedadmissionto MBBS course m the year 1965 The existing required L mlnlmum of 50 per cent marksto passin eachsubjectIn addition 0 to the above there wasa ruIe for grantof grace marks C I uptoone of the total aggregatemarksincludingmarksfor C I Practicaland internalassessment if a candidatefails in one or more Z In theyear 1970 an amendmentwas madein the m r rules and the award of grace marks was confined to total marks excludingthe marks for intemal assessment 08 Where a candidatefails ln one or more subjectsprovidedhe has oo mV2 in all subjects where a separate of passing Z also exists In case of BAMSIBDS examination the r1 gracemarks of one percentwas conflned to each subjectand not to aggregate of all subjectsThe petitioner who was a studentof MBBS was failingin one paper He claimed grace marks on the basis ofunmended rules but he was awardedgrace markson the 6er F 42a41 2 i 1i 1 l basisof the amendedrules whicllot prove beneflcialto him tl 11 11 r He tl same in thePunjabandHaryanaHigh Court A ofthis Court allowed thewrit peon holding thatthe 1 rulesprevalent at the time ofthe admission ftheI studentouM7 0Illil 1 0 I 32 1 F e JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 99 1 CWP No8583 of 2009 17 applyand the amendedrules cannot be applied to the detrimentofthe candidates Honble the Supreme Court while the lSSue held as under 11 We do not agree with the learnedJudgesofthe Full Bench ofthe HighCourtthatthereis any elementof 6Wz lll the changebroughtabout by the Ot D additionof theexception to Rule 2 ofthe Calendarfor IOl 3 the year 1970 according to the Shorter IlS Oxford English Third Edition in relationto mmmz 2C Statutes etc means Operative with regardto pasttime 41C The changebroughtabout by the addition of the 5 W2 011 exceptlon to Ruie 2l does not say that it shall be elllc operatlve with effect from any earlier date It 1S GI6 obviously It is not possible to hold thatit is r4 retrospectiveln operation merelybecause though w 125 introducedin 1970 it was appliedto SubashChander Il 1 who appearedfor the final examinationin 1974 atler he hadjoined the course earlier in 1965 No promise was made or could be deemedto have been Inad tO him at the time of his admissionin 1965 that eed therewill be no alterationof the rule or regulation lIl regardto the percentage of marks requiredfor passing any examination or award of grace marks and that the rules relating theretowhich were ln force at the time of his admissionwould continue to be appliedto him until hefinishedhiswholecourse Il JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 400 L1 i CWPNo8583 of2009 8 4 12 we are clearlyofthe opinion that thereis no of the changein the rule made in the year 1970 merelybecause it was in 1974 to SubashChanderwho hadjoined theMBBS course in 1965whenthe rule award of grace markswas different In these circumstances m affirmthe view of DK Mahajan and P Jain JJ we 0 in theDivision Bench judgment in Sewa Ram 0 I V Kurukshetra and disapprove the view taken C5 by the leamed Judgesof the Full Bench in the decision I under appeal in this case and hold that the University Z rightin holdingthat SubashChander l was lr was not entitledto 16 grace marks under the old rule Z but was entitledto only4 gracemarksunder the new rule 08 CO and had therefore not passedthe examlnatlon 111 A7 MidwiferyWe allowthe any order Z as to costs Howeverthis decision will not affect the C result of the examination of Subash Chander in if it had been declared as per the directionof the learnedJudgesofthe Full Bench in the LeUers Patent c Appea 99 The aforesaid was followed byanotherBench of the SupremeCourt lll the case of Puniab University Vs DevianiChakrabartiand others 3 CourtCases 612 wherein it has been held as followsl JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 401 t 1 P CHTPNo 8583of2009 19 In the presentcase also the new decisions are primafacie in and theydid not become merelybecause they applied to studentswho hadalready started their educational careers We therefore allow these appealsbut without anyorder as to 1 1r costs and set aside the judgments of the High 0 C Court and dismiss the writ petitionsHowever this decision will not affect the rightwhich might C have been granted to the lll the writ Z petitions on the basisofthe judgments ofthe High Court which have beenreversedin theseappeals A similar issue cameto be considered by a Division Z 06 Bench of this Court lIl the case of Rahul Gupta Vs State of flO Haryana2000 49SCT 1099 wherein SubhashChanders case mno Z supra hasbeenrelied upon andit hasbeenheld as underl aA We have heard leamed counsel for the parties and are of the view that there is no merit in the writ petitionsThe onlyargumentadvancedbythe counsel for the petitioneris that when his client joinedthe diplomacourse ln the year 1997 the made it clear that the duration of that course was 3 years and the could not changethe duration till the studentswho joined the course in the academic session 199798 had JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 402 1 CWPNo8583 of2009 20 the same He has placedreliance on Full Bench of this Court in Amardeep SinghSahotav StateofPuniabetc 1993 41SLR 673 1993 11SCT 328 P85 H1 FBl and SwaraniitSinghand anotherv StateofPuniab and others 1998 21SLR 1401997 41SCT 511 1P i Q Hl FBl We are unable to agree with the 0 contentiOll of the From the standtaken C0 I by the it 1S clear that the competent Co decided in the year 1995 to revlse the I curriculum of Electronics and Communication Z DiplomaCourse to 3112 yearsconsistingof 7 0 semesters The 7 semester includes the ineplant I training and the marksawardedto a candidatein 08 0 this training haveto be includedin the diploma W3 awardedto him It is further clear that the 2 Director Technical Education Haryanaby his Cls communicationdated 180995 informed all the Principalsof the Institutesin the Stateof Haryana which impartsuch education that the duration of the course had been increased to 3112 years and that the revised curriculum was to be with effect from the academic session 199596 What happened was that when the prospectuswas issued for the academic session 199798 there wasan inadvertenterror therein and the duration i t 11 e 4 Il Ii 1 47 1 11 It JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 403 4 CHTPNo 8583of2009 e21 me of the course was shown to be of 3 years When this error was noticed the Director Technical Education Haryanasent another communication to all the Principals of the Institutes imparting education in Electronics and Communication Diploma Coursethat the revised curriculum wasto m C be with effect from the academic 0 session 199596 This is not a case where the C I duratiotiof the course was changedmidmstream CS0 The duration of the course had alreadybeen I increasedto 3112 years in the year 1995 and the Z is onlytryingto take of the C error that creptin the ofthe prospectus for the academicsession 199798 We are 61rther 08 ril of the view that even after the commencement of em the course which was earlier 3 yearsit was open to Z the competentauthority to changethe durationby tl the Rules as hasbeen observedbytheir Lordshipsof the SupremeCourt 111 Panjab University v SubashChander and another AlR eeeeev 1984S1415 When a course stretching over a periodof 3 years commences and the students join that course the authorities make no promise that there would be no alteration of the duration and that the