85 CWP No8583 of2009 1 4 In theHighCourt ofPunjabandHaryana at Dateofdecisionl0804 010 1 CWPNo85830f2009 SamritiSharmaand others Petitioners Vs C Guru Nanak Dev Universityandanother 0 2 CWP 9218 of2009 0 I JugrajSingh Petitioner 0 VS I GuruNanak Dev andothers Z m 3CWP No 1867of2009 C NaveenSingh etitioner 08 Vs GuruNanak Dev m andanother 2 Z 4 CWPNo277 of2009 Om Singh ePetitioner VS Guru Nanak Dev andanother 5CWP No13363 of2009 C RimpiKumari ePetitioner VS Guru Nanak Dev UniversityAmritsar andanother 1 6CWP No339 of2009 SahasChopra andanother Petitioners VS Parkash Om 2014.04.05 10: 44 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 86 OI CWPNo8583 of2009 2 1 Guru Nanak Dev andanother 7 CWP No351 of2009 RajivKumar and others Petitioners VS Guru Nanak Dev andanother m 8CWP No487 of2009 0 Singhand others Petitioners C0 VS I Guru Nanak Dev Universityitsar C5 and another I 9 CWP No340 of2009 Z SinghAulakh andothers Petitioners VS Ir GuruNan Dev I and another c6 10CWPNo10490of2009 0 a7 SinghVirdi and others Petitioners Z VS GuruNanak Dev Om andanother 11 CWPNo770 of2009 Singhand others Petitioners 1 VS GuruNanak Dev and another 1 CWP94920f2009 Ashish Luna and others Petitioners vs Guru Nanak Dev andanother Parkash Om 2014.04.05 10: 44 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 87 CWP No8583 of2009 3 A 13 CWPNo153 of2009 Navdeep Kaur and others Petitioners VS GuruNanak Dev andanother 14CWP No779 of2009 Kumar and another Petitioners W C VS Guru Nanak Dev 0 andanother 0 15CWPN085140f2009 C I Sandeep Dhir ePetitioner Vs Z Guru Nanak Dev andanother a C 4t 16CWP No00380f2009 I 06 Jatin Seth Petitioner VS r2 Guru Nanak Dev W2 andanother Z 17 CWP No888 of2009 tl Rahul Sharmaand others Petitioners VS Guru Nanak Dev andothers c 18 CWPNo9644 of2009 SiddharthAcharyaand others Petitioners VS Guru Nanak Dev andanother 19 CWPNo411 of2009 AmritpalSinghand others Petitioners Parkash Om 2014.04.05 10: 44 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 88 11 CWP No8583 of2009 4 e1 Versus GuruNanak Dev UniversityAmritsar andanother CORAM HONBLE N JUSTICE PERMOD KOHLI Present MVeneet Sharma MrAS Manaise Mr Naresh V Prabhakar Mr RS Manhas MrSK Rattan MrManuj C NagrathAdvocates for the 0 MrDS Patwalia Advocatefor the 3 I PERMOD KOHLI J C I All these petitionsare beingdisposedof by this Z common order as the facts and of law ln all these petitionsare identical All the in these are the studentsof 08 ao course like Bachelor of Technology va Science and Bachelor of Architecture Degree Z r1 Progre in the Facultiesof AppliedSciences and Technology and PhysicalPlanningand Architecture Theywere admittedto the course in the year 2005 At the relevanttime they C were by the Ordinances 8amed by the Universityfor from one semester to anothersemester The eligibility conditions were in para 8 of the Appendixof Ordinances for Under Graduate BTechlB Arch Degree Progres in the Faculties of Applied 8 and PhysicalPlamingand Architectur Ordinmce Parkash Om 2014.04.05 10: 44 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 6 89 CWP No8583 of2009 5 A1 dated 15112000 111 at the time of the admission is hereunderl 8 al A candidateshall be promoted to the next highersemester provided he securesat least40lo 1 marks 111 of all the courses taken C 0 for that semester even if he fails ln one or 0 rnorecoursels I C b9 Reappearexaminations for an odd semester I shall be conducted alongwith the next odd Z semesterand an even semester alongwith the next m even semester I r4 C An extra chanceshallbe givento a reappear Co candidate of seventh semester 6BTech99 ams Z Semester6B Arch9along with the eightenth tl end semester examinationprovidedthe candidate has passedall the courses upto semester C d9 A end semester examinatlOll shall be conducted only for eighth B TechlI tenth 0B Arch9semester providedthe candidate has passedall the courses upto seventhlninth semester Parkash Om 2014.04.05 10: 44 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 90 1 CWPNo8583of2009 6 44 e9Award of gracemarksfor these examinations shall be as per the Ordinance Under Clause a9of the Ordinance a candidatewas entitled to be to the next semester if he secures at least 40Io marks in of all courses taken together for 1 C thatsemester ifhe fails ln one or more courses UnderClause61 0 c for an odd semestershall be conductedalong reappear C5 with the next oddsemester and even semesteralongwith the next even semester Under Clause an extrachanceis to a Z of 7 semester 6BTecl 9 semester 6B reappear a l with 8 and 10 semester examination a Arch I candidatehas all courses upto6 and eighthsemesters 08 Oo under Clause 6c a examination is to be 7 Z for 8 6BTech9and tenth6BArcl semesters 0 the candidatehas passedall the courses upto seventhlninth semesterThere alsoa for award of gracemarks as 1S per the Ordinances The Universityamendedthe Ordinances The Universityhasinuoducedthe ca on systemlIl theyear 1999for various underthe Il Calendar 1999 Vol III for variouscourses exceptlaw 1i Technologyfacultiesand School of Social 1 Parkash Om 2014.04.05 10: 44 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 91 1 l1 CWPNo8583 of2009 7 1 Sciences In respectto the course having8 semesterduration following conditionshavebeenlaid dowI 3 Courses havingeightsemester duration a9There shall be no condition for a studentfrom first semester to second semester b9However a studentshallbe to third 1 C semester only if he has passedatleast 500Io 0 of the first two semesters but there 0 I will be no conditionfor a studentfrom C5 third semester to fourth semester Z C 9However a student shall be to Sfth m semester only if he has passedatleast 500Io ofthe first four semester I 08 d9There will be no condition for promoting a OQ studentfrom fifth to sixth semester 7 Z e9 However a student shall be to tl seventhsemester only if he has passedall the ofthe Srst two semesters 0 The student shall be promotedto eighth semester only if he has passedall the eee ofthe first three semesters After a periodof eighthsemestersthe student shall be givena periodof two consecutive years more to pass failingwhich he shall have to start the course afreshfrom the first semester However such a Parkash Om 2014.04.05 10: 44 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 92 CWP No8583 of2009 8 14 studentwill not be required to quali6lthe entrance test agaille t7 The aforesaidOrdinances6carry on was hlrther amendedby the Syndicate in its meetingheld on 13122006 lll thefollowing mannerl 1 PresentHeadin ProloosedHeadin ii9 Carryon Systemfor vanous 6iii9Carryon Systemfor various 0 semester examinations except law semester examinations exceptLaw C 1and Engineeringand Technology Faculties and School of Social and School of Social Sciences I C5 e I Vide the amendment the cany on systemfor vanous Z semester examlnations was made to the 1 andTechnology Faculties as well exceptLaw and School of Social I Sciences However the amendmentwas appliedfrom Session 06 OO 20072008 The Universityfurtherintroducedthe amendment 111 mo the cany systemof B Tech M Tech MCA and MBA S on Z tl yearscourse vide its decision dated 1 82008 wherebythe cany on system was appliedin all the exceptLaw and School of Social Sciencesfor which there are separateOrdinances 4e Vide the aforesaid decision the cany on systemwas made applicable to the Computer Sciencec and Electronic by way of rther clarification of the amendment introducedvide Item No23 lIl the meetingof the held on 0522006 The are ofthe decision dated Ol082008 wherebythe amended Ordinances Goveming the carry Parkash Om 2014.04.05 10: 44 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 93 CWPNo5830f2009 e9 4W 1 on has been appliedto all the coursesreferred to hereinabove As a consequence of the of carry on a studentcan be from Orst semester to second semester without any condition However such a studentcan be to third semester if he has passed at least 50 per cent m of the First two semesters For to 4 0 semester no conditionis applicableAgainfor to 5 0 I semestera studentmust pass at least50 per cent of C5 I the flrst four semesters Again for from 5 to 6 Z semester 1Swithoutany condition For to 7 semester a Q further embargois created that the student must pass all I ofthe fust two semesters Similarlyfor C45 CQ to 8 semesters a studentmust qualifyall the ofthe WA flrst three thereby a student will not be Z la eligible to seekadmission in 7 semester ifhe hasany reappear or backlogof fust two semesters Same eligibilitycondition will applyfor promotionto 8 semester and if the student has a C or backlogof first threesemesters he is ineligible to seek admissionin 8 semester The grievance of the is that the amendment introducedor the clarification issuedvide order dated01082008 1S illegaland in cases of the With a vlew to supportheir contention reliance is placedon the Ordinance Parkash Om 2014.04.05 10: 44 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 94 CWPNo 8583of2009 10 4 dated1411 2000 P which was lIl force at the time of admission which onlyrequired 40 per cent marksof a11the papers in a semester of the fact whether a studentfails ln one or morepapersof that semesters It iirther contended that carry on which was introducedin the 1 Q Calendar 1999 Tol III9 has no to the 0 and Technology Faculties Law and School of Social C I Sciences as is evident from Annexure P3 Even the amendment C5 I introducedpursuantto the decision of the vide Item Z No3 lIl the held on 5122006 carry on systemfor the Q of and Faculties has been I from Session20072008 It is subminedthat a5 QO since the were admitted lIl the year 2005 this 7 amendmentis againnot to the havingbeen Z made operative from Session 20072008 as per the t1 contained in the amendmentOrdinances itself It lS furthercontendedthat vide orderdated01082008 4nnexure P49 herein the amendmenthasbeen applied which has affected the career of the Accordingto the leamed counsel for the had the known that theywould be requiredto clear all the of flrst 213semesters theywould have concentratedon those papers on priorityeNow aller two years the Parkash Om 2014.04.05 10: 44 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 95 CWPNo 8583 of2009 11 cannot be for not havingcleared the papers two years back It is the case of the that the of the rules is when it takes away any of the rightof the hither to available lIl existingstatutellaw to the the only 1 for promotion to the seven and eighthsemesters was 0 that a candidateshould secure 40 per cent marksin aggregate in a 0 I semester of the fact whethera candidatehas failed lIl C I one or more ofthe papers ofthat semester Z In the replyflled by the the Universityhas relied upon the order dated 01 082008 whereby l I carry on systemhas been applied to all the courses 08 ln the UniversityexceptLaw and School of Social Sciences Cn C 3 These two courses beinggovernedby separateOrdinances It is Z reiteratedthat any having lIl e the flrst two semesters is ineligiblefor seekingadmission to 7th semester and a candidatehavingreappear in flrst threesemesters 1Sineligible to seek admissionin 8 semester It is statedthat asa 4VO matter of fact order datedOl082008 is not an amendmentto the regulation but onlybyway of clarification as previous Ordinances of 2000 were in this regardand thus necessitateda clariflcation It is mentionedln the replyflled by the University that some of the who had ln reappear Parkash Om 2014.04.05 10: 44 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 96 0 1 CWPN08583of2009 12 1 1Iexaminations on flrst two semesters were admissionto 7 semestersubject to clearanceofthe backogofthe first two semesterson theirfllingof the affldavit that in the event ofthe failureof the candidateto clear the reappear of flrst two the admission to 7 semester could be cancelled j Q Similar affldavits were flled by the who 0 securedadmission lIl 8 semester while in flrst three C I papers It is submittedthat all the admissionsto 7 and C5 I 8 semestersin respectto thecandidateswho had bacllog of flrst Z 213semesters were in nature andcould be cancelledon m theirfailure to clear the 0 When these were filed interim orders were c5 by this Court in CWP No8583 of 2009 on 29052009 Cll mvw entryin 8 semester Similar orderswere passedin other Z writpetitions the to seekadmissionin 7 and tl 8 semesters and also to appearin the examinationsfrom time to time MrD Patwalia leamed counsel for the C has however arguedthat neither the Ordinances canyingon systemare ln naturenor the orderdated Ol082008 can be construedto have His furthercontentionis that the Universityis entitled to therules even duringthe continuanceofthe Course by a Parkash Om 2014.04.05 10: 44 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 97 0 CUTPNo8583 of2009 13 Ie studentas the Universitydoesnot hold a promiseto a studentnot to changethe duration or the manner or method of from one semesters to anotherexcept the syllabus or a courseof studyfor which a studentmay be entitledto notice The have placedreliance upon a Single Lr ofthis Court reportedPawan Kumar Sharma Vs 0 The State of Puniab and others 1991 39 Recent Services 0 407 In this case the afflliatingUniversity C0 I the condition of passingthe Z examinatlons in a particularchance The students who are f m the course at the time of introductionof the Lr I assailed the action of the University the issue a 08 leamedSingleBench ofthis Court held as follows QO It has been laid down in the above referred two vmo Z authoritiesthat the which are tl at the time a studenttakesadmission in the consolidatedcourse would keepon applying of any amendment till the student So admitted completes the course In view of this ee the were not justified in applyingthe which were on 16 August 1986 to the studentswho had got admission in the BAlvlS course in the flrst year prior to that date 59 Parkash Om 2014.04.05 10: 44 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 98 CWP No8583 of2009 ee14 44 Reliance is also placedon another Division Bench of this Court in the case of Munish Kumar Talwar Vs The Vice Chancellor Baba Farid Universitvof Health Sciences and others 2007 SL1 330 In this case also the rules for BAMS course were amended The amended rules prohibited j 0 admissionto flnal examinationifthere 1Sreappearln 0 the second examlnationa The petitioner therein had CO I reeappearln second thoughhe was granted admission 0 to third semester but not to appearin the examinations Z This Court the questionheld as underl C 7 The short that requiresdetennination I lIl this case is whether the is to be 08 by the amended or unnended oo Ordinance The had been pemitted to wmo Z in the 3 Professional examinationheld in CL Aprivlay 2005 Ifthe originaldurationofthe 3 Professionalhad not been amended the appellant had cleared thereappearsof the 2 Professional and on that account there was no before him to appear in the final examination which was then to be held in November December 2005 As per the appellanthe 1S suffering on account of the wrong application of the amendedOrdinance in his case Parkash Om 2014.04.05 10: 44 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 99 r 1 CWP No8583 of2009 15 1 9 Sincethe is required to be treatedas belongingto batch of year 2000 as already noticed theprovision ofpara11 above P would also come to his rescue When the the course he was entitledto take positionthat he would be eligible to clear lst and 1 L 2 Professionalby NovemberDecember2005 0 He reallycould not have any say in fixingthe CA0 I duration of the 3 by amendmentin 0 I the Ordinance a8er he hadjoinedthe course To e remedy such a situationonlyperhaps theprovision Z of para 11 of Ordinance providedthat candidatesadmittedpriorto 2001 will appear lIl final aller two years of study It can 08 r be noticed thatthe hasstudied with the AV batch lIl 1 and 2 Professional examinations Z Thus a differentduration of the course if being Ll appliedto similarly situated candidates We do not say that it amounts to discrimination but parity need to be maintained between similarlysituated C candidatesand that 1S what is soughtto be achievedbyOrdinance above We are thusofthe view that unamendedOrdinance would governthe case ofthe appellant and theprovisions of the amended Ordinance cannot be made applicable to him 00 Parkash Om 2014.04.05 10: 44 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 400 CWPNo8583 of2009 16 5L 1 To thecontrary Mr DS Patwalia learned counsel appeanngfor the has relied upon Puniab Universitv VsSubash Chander and another 3 Supreme Court Cases 603 In this case the had securedadmissionto ABS course ln the year 1965 The existing 1 of50 per cent marksto passin eachsubjectIn addition Lr mmnnum 0 to the above therewas a separaterule for grantof grace marks Cn3 I uptoone of the total aggregate marksincludingmarksfor C49 I Practicaland intemal assessmentif a candidatefails in one or more Z In theyear 1970 an amendmentwas madein the rules and the award of grace marks was confined to total Q marks excludingthe marks for intemal assessment 08 Where a candidatefails ln one or more he has QO a in all subjectswhere a separate of passing Z also exists In case of BAMSIBDS examination the tl marks of one percentwas conflned to each subjectand not to of all subjectsThe petitioner who wasa studentof MBBS was failingln one paperHe claimed grace markson the basis rules but he was awardedgracemarkson the I l4 v tlw 1 On basisoftheamended prvebeneflcialO to him 11 He the same ln thePunjabandHaana HighCourt A 1 ofthis Court allowedthewritpetition holdingthatthr rules at the time ofthe admissi0r011 11 Parkash Om 2014.04.05 10: 44 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 401 CWP No8583 of2009 17 1 applyand the amendedrules cannot be applied to thedetrimentofthe candidates Honble the Supreme Courtwhile the lssue held as under 11 We do not agree with the IearnedJudgesof the Full Bench ofthe HighCourtthatthereis any elementof 1 in the changebroughtabout by the additionof the exception to Rule 2 l of the Calendarfor 0 0 the year 1970 according to the Shorter C5 Oxford English Third Edition in relation to I Statutesetc means with regard to pasttime Z The changebroughtabout by the addition of the m exceptionto Rule 2 does not say that it shall be operativewith effect from any earlier date It 1S 08 obviously It is not possible to hold thatit is Qo in operationmerely because though m2 Z introduced in 1970 it was appliedto SubashChander fl 1 who appeared for the final examlnatlon 111 1974 afterhe hadjoined the course earlier in 1965 No promisewas made or could be deemed to have been mad6 to him at the time of his admission 111 1965that deve there will be no alteration of the rule or regulation in regardto the percentage of marks requiredfor passing anyexamination or award of grace marks and that the rules relatingthereto which were in force at the time of his admission would continue to be appliedto him until heflnishedhiswholecourseene 27 Parkash Om 2014.04.05 10: 44 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 402 CWPNo8583 of2009 18 12 we are clearlyofthe opinion that thereis no of the changein theule made in the year 1970 merelYbeCaUSeit was in 1974to SubashChanderwho hadjoined theMBBS course in 1965whentherule award of grace markswas different In these circumstances 1 C we affirm theview of DC Mahajanand PC Jain JJ 0 in the DivisionBench in Sewa Ram 0 I V Kurukshetra and disapprove the view taken C5 bythe leamedJudgesof the Full Bench in the decision I under in this case and hold that the University Z right in holdingthat SubashChander l was was not entitIedto 16grace marksunder the old rule I but was entitledto only4 gracemarksunderthe new rule 08 OO and had therefore not passedthe examination ln aevA We allow the appealbut without any order Z Howeverthis decision will not affect the as to costs Qm resultof the examination of Subash Chander ln if it had beendeclaredas per the directionof theIeamed Judgesofthe Full Benchin the LettersPatent r Appeal Theaforesaid was followedbyanotherBench of the Court 111 the case of Puniab University Vs DevianiChakrabartiandothers 3 CourtCases 612 wherein it has been held as followsl Parkash Om 2014.04.05 10: 44 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 403 0 CWP No8583 of2009 19 In the presentcase also the new decisions are pnma facie in operation and theydid not become merelybecausethey applied to studentswho hadalready startedtheir educationalcareers We therefore allow theseappeals but without anyorder as to w costs and set aside the of the High 0 C Court and dismiss the writ petitionsHowever I this decisionwill not affect the rightwhich might C5 I have been granted to the petitioners in the Wrlt Z petitions on thebasisofthe ofthe High Court which havebeenreversedin theseappeals Q er A similar issue came to be considered by a Division a5 Bench of this Court ln the case of Rahul Gupta Vs State of oo Haryana2000 49SCT 1099 wherein SubhashChanders case e 2 supra hasbeenrelied upon and it hasbeenheld as under ln 4 We have heard leamed counsel for the parties and are of the view that there is no merit in the writ petitionsThe onlyargument advancedbythe counselfor the petitioner is that when his client joinedthe diploma course 111the year 1997 the made it clear that the duration of that course was 3 yearsand the could not change the duration till the students who joined the course in the academic session 1997m98had Parkash Om 2014.04.05 10: 44 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 404 CWPNo8583 of2009 20 4 the same He has placedreliance on Full Bench of this Court in Amardeep SinghSahotav StateofPuniabetc 1993 41SLR 6730 1993 SCT 328 P85 Hl FBl and SwaraniitSinghand anotherv StateofPuniab and others1998 21SLR 1411997641SCT 511 I m I FB We are unable to agree with the 0 contention of the From the standtaken C I bythe it 1S clear that the competent 5 decidedin the year 1995 to revise the I curriculum of Electronics and Communication Z Course to 3112 years of 7 m C semesters The7 semester includes the ilolant I and the marks awarded to a candidatein 08 QO this traininghave to be included in the diploma a7 awardedto him It is 81rtherclear that the Z Director Technical Education Haryanaby his Qm communicationdated 180995 informed all the Principals of the Institutesin the Stateof Haryana which impartsuch education that the duration of the course had been increasedto 3112 years and thatthe revised curriculum was to be with effect from the academic session 199596 1 What was that when the prospectuswas issuedfor the academic session 199798 there wasan inadvertenterror therein and the duration 1 II t 1 Parkash Om 2014.04.05 10: 44 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 405 CWPNo8583 of2009 21 4 of the course was shownto be of 3 years When this error was noticed the Director Technical EducationHaryanasent another communication to all the of the Institutes educationin Electronics and Communication Diploma Coursethat the revisedcurriculum wasto 1 be with