1 402 r 1 CWP No8583 of2009 1 ol 1 In theHighCourt ofPunjabandHaryana at Dateofdecisionl0804 2010 1 CWPNo8583of2009 SamritiSharmaandothers Petitioners Vs 1 GuruNanak Dev Universityandanother C 0 2 CWP 9218 of2009 C3 I Jugj Singh Petitioner 0 vse GuruNanak Dev andothers Z a 3CWPNo1867 of2009 tr NaveenSingh Petitioner 08 Vs GuruNanak Dev Universityitsar lOO andanother lwm Z 4 CWP No277 of2009 w Singh Petitioner VS GuruNanak Dev UniversityAmritsar andanother 5CWPNo 3363 of2009 Ce RimpiKumari etitioner vs GuruNanak Dev UniversityAmritsar andanother 6CWP No339 of2009 SahasChopra andanother Petitioners VS Uma 2014.03.29 14: 38 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 403 CWP No8583 of2009 me2 Guru Nanak Dev andanother 7 CWP No351 of2009 RajivKumar and others Petitioners VS Guru Nanak Dev andanother m 8CWP N09487 of2009 C 0 Singhand others Petitioners 0 VS I Guru Nanak Dev 0 and another I 9 CWP No340 of2009 r Z SinghAulakh andothers Petitioners m VS r Guru Nanak Dev r andanother 06 10CWP No0490 of2009 110 SinghVirdi andothers Petitioners ma Z VS Guru Nanak Dev lle andanother 11 CWPNo770 of2009 Singhand others Petitioners 1 VSe GuruNanak Dev and another 12 CWP 9492 of2009 Ashish Luna and others Petitioners VS GuruNanak Dev 1 andanother Uma 2014.03.29 14: 38 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 404 li CWP No8583 of2009 3 9 13CWPNo153of2009 Navdeep Kaur and others Petitioners VS GuruNanak Dev andanother 14CWP No779 of2009 Kumar and another Petitioners fl VS GuruNnak Dev 0 andanother C I 15 CWPN085140f2009 C I Sandeep Dhir Petitioner Vs Z Guru Nanak Dev andanother m r 16CWPNo00380f2009 Jatin Seth Petitioner 08 vs Q3 4 GuruNanak Dev wmm andanother Z 17 CWP No9888 of2009 Cl RahulSharma and others Petitioners VS GuruNanak Dev andothers c1 18 CWPNo644 of2009 SiddharthAcharyaand others Petitioners VS GuruNanak Dev and another 19 CWP No 9411 of2009 AmritpalSinghand others Petitioners Uma 2014.03.29 14: 38 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 405 CWP No8583 of2009 a4 r Versus Guru Nanak Dev UniversityAmritsar andanother Present MrVeneet Sharma MrAS Manaise Mr Naresh m Prabhakar Mr RS Manhas MrSK Rattan MrManuj 0C NagrathAdvocates for the 0 MrDS Patwalia Advocatefor the C I PERMOD KOHLI J C r All these petitionsare beingdisposedof by this Z common order as the facts and of law in all these m Cl petltlonsare identical I All the 111thesepetitions are the studentsof 5 r0 course like Bachelor of Technology 17 Science and Bachelor of Architecture Degree Z Cl in the Faculties of AppliedSciences and and PhysicalPlanningand Architecture Theywere admittedto the course lIl theyear 2005 At therelevant time they C4 were by the Ordinances framed by the Universityfor from 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 cO and PhysicalPlanningand Architectur Ordinance Uma 2014.03.29 14: 38 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 406 1 CWP No8583 of2009 5 r1 dated 1511 000 lll operation at the time of the admission is hereunder1 8 a9 A candidateshall be promoted to the next highersemester providedhe securesat least 40Io 1 marks in of all the courses taken C 0 together for that semester even if he fails ln one or C0 more coursels I C9 bl Reappearexaminations for an odd semester I shaIl be conducted along with the next odd Z semesterand an even semester alongwith the next w 0 even semester c6 C 9 An extra chance shall be givento a reappear CCl r candidate of seventh semester 9th sm Z SemesterB Arch9along with the Llm end semester examinationprovidedthe candidate has passedall the courses upto sixthleighth semester C d9 A end semester examination shall be conducted only for eighth6BTech9I tenth6B Arch semester provided the candidate has passedall the courses upto seventhlninth semester Uma 2014.03.29 14: 38 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 407 91 1 CWP No8583 of2009 e6 r e9Award of grace marks for theseunderaduate examinations shall be as per the University Ordinances Under Clause a ofthe Ordinance a candidatewas entitledto be to the next higher semester if he secures m at least 40Io marks 111 of all courses taken together for C thatsemester ifhe fails in one or more courses Under Clause6b 0 C for an odd semester shall be conductedalong reappear I C5 with the next oddsemester and even semester alongwith the next I UnderClause c 9 an extra chanceis to a even semester Z e of 7 semester 6BTech99 semester 6B reappear e l Arch alongwith 8thand 10 semester examination a I candidatehas a11courses upto6 and eighthsemesters o8 00 under Clause 6d9a examination is to be t aS 2 for 8 6BTech9and tenth6BArch9semesters Ll candidatehas passedall the courses upto seventhlninth the alsoa for awardof grace marks as semesterThere is per the Ordinances The Universityamended the 4ee0 Ordinances The University has introducedthe ca on 1 1 in theyear 1999for various underthe 1 1 Calendar1999Vol III for variouscourses exceptlaw i falties and School of Social 9161 e217 ea Uma 2014.03.29 14: 38 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 408 1 CWP No8583 of2009 e7 Ir Sciences In respectto the course having8 semester duration following conditionshave beenlaid downl 3 Courseshavingeightsemester duration a There shall be no condition for promoting a studentfrom flrst semester to second semester b9However a studentshallbe to third a C semester only if he has passedatleast 50Io 0 of the first two semesters but there C I will be no condition for promoting a student from Co I thirdsemester to fourth semester C However a student shall be promoted to 68h C Z onlyif he has passedatleast 50Io A semester C ofthe Orst four semester I c There will be no condition for promoting a o8 Cll studentfrom flfth to sixth semester 4 ve e9 However a studentshall be to 2 seventh semester onlyif he has passedall the fla ofthe first two semesters 0 The student shall be to eighth semester only if he has passed all the 4 ofthe first three semesters After a periodof eighthsemesters the student shall be givena periodof two consecutive years more to passfailing which he shall have to start the course afreshfrom the flrst semester However such a 1 m Uma 2014.03.29 14: 38 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 409 CWP No8583 of2009 8 P 1 studentwill not be required to quali61 the entrance test again 32 The aforesaidOrdinances ny on was lrther amendedby the Syndicate ln ltS meetingheld on 13122006 lll thefollowingmanner VV7 1 1PresentHeading ProposedHeadingl Lr Carry on Systemfor various 6iii Cany on Systemfor various 0 1semester examlnatlons 6exceptlaw semester examlnations 6exceptLaw C0 1and and Technology Faculties and School of Social and School of Social Sciences I 0 Vide the amendment the carry on systemfor various Z semester examinationswas made applicableto the Engineering t and Faculties as well exceptLaw and School of Social I Sciences However the amendmentwas appliedfrom Session 06 ao 20072008 The rther introducedthe amendment 111 t m the cany of B Tech M Tech MCA and MBA 5 on Z tl course vide its decision dated 1 82008 wherebythe carry on system was in all the exceptLaw and Schoolof Social Sciences for which there are OrdinanceSe Vide the aforesaid decision the carry on system was made e to the Science and Electronic Technologyby way of rther clariflcation of the amendment vide Item No23 in the meetingof the held on 05122006 The are ofthe decision dated Ol082008wherebythe amendedOrdinancesGovemingthe cany Uma 2014.03.29 14: 38 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 410 CWP No8583 of2009 9 1P on system has been appliedto all the Engineeringcoursesreferred to As a consequence of the of cany on systema studentcan 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 of the First two semesters For promotion to 4 0 semester no condition 1S Againfor to 5 0 I semestera studentmust pass at least 50 per cent of 0 I the flrst four semesters Againfor from 5 to 6 Z semester lS withoutany condition For promotion to 7 semester a m 8lrther embargo created that the student must pass all r 1S I ofthe fust two semesters Similarlyfor 05 QO to 8 semesters a studentmust qualil all the ofthe W2 flrst three thereby a student will not be 2 eligible to seek admission in7 semester ifhe has any reappear or C6 of first two semesters Same eligibilitycondition will applyfor promotionto 8 semester and if the student has a C reappear or of first threesemesters he is ineligible to seek admissionin 8 semester Thegrievance of the is that the amendment introducedor theclarification issuedvide order dated Ol082008 1Sillegaland ln casesof the With a view to their contention reliance is placedon the Ordinance Uma 2014.03.29 14: 38 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 411 e6 CWP No8583 of2009 e10 P dated 1411 2000 Pl9 which was in force at the time of admission which onlyrequired 40 per cent marks of all the papers in a semester of the fact whether a studentfails ln one or more of that semesters It is further contended that cany on which was introduced in the tr Calendar 1999 6Vol III has no to the 0 and Technology Faculties Law and School of Social C3 Sciencesas 1S evidentfrom Annexure I3 Even the amendment C5 pursuantto the decision of the vide Item Z No23 in the held on 5122006 carry on systemfor the of and Faculties has been CL applied from Session20072008lt is submittedthat 08 ClO Slnce the were admitted ln the year 2005 this W3 amendmentis againnot to the havingbeen Z made operative from Session 20072008 as per the tl contained in the amendmentOrdinances itselE It is contendedthatvide orderdatedOl 082008 Pm4 herein the has been applied C which has affected the career of the Accordingto the learnedcounsel for the had the known that theywould be requiredto clear all the of flrst 213semesters theywould have concentrated on those papers on priority Now afer two years the a Uma 2014.03.29 14: 38 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 412 1 CWP No8583 of2009 11 P cannot be punishedfor not havingcleared the papers two years back It lS the case of the that the of the rules is when it takes away any of the rightof the hither to available lrl existingstatutellaw Accordingto the the only 1 lr for promotion to the seven and eightbsemesters was 0 that a candidateshould secure 40 per cent marks 111aggregate in a C I semester of the fact whethera candidatehas failed lll C9 I one or more ofthe papers ofthat semester Ct In the replyflled by the the Z has relied upon the order dated 01082008 whereby Lr Z carry on has been appliedto all the underaduate courses c6 ln the UniversityexceptLaw and School of Social Sciences r12 4t These two courses beinggoverned by separateOrdinances It is 7 2 reiterated that any having 111 Il the first two semesters 1S for seekingadmission to 7 semester anda candidatehavingreappear in flrst three semesters 1S to seek admissionin 8 semester It is statedthat as a 0400r matter offact order dated01082008 is not an amendmentto the but onlyby way of clariflcation as previous Ordinances of 2000 were in this regardand thus necessitateda It is mentionedin the replySled by the University that some of the who had ln reappear Uma 2014.03.29 14: 38 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 413 1 81 CWP N8583 of2009 2 P examinations on first two semesters were granted admissionto 7 semester subject to clearanceofthe baclologofthe flrst two semesters on their fllingof the affldavit that in the event of the failure of the candidate to clear the reappear of fust two the admission to 7 semester could be cancelled r Similar affldavits were flled by the who 0 securedadmission lIl 8 semester while ln flrst three 0 papers It is submittedthat all the admissionsto 7 and C I 8 semesters in respectto thecandidateswho had backog of first Z 213semesters were in nature and could be cancelledon theirfailure to clear thebackog When these petitions were file interim orders were cA5 passedby this Court in CWP No8583 of 2009 on 29052009 CJ 4 wa allowing entryin 8 semester Similar orderswere passed in other Z writpetitions the to seekadmissionin 7 and Ome 8 semesters and also to appear in the examinationsfrom time to tlme MrD Patwalia leamed counsel for the 1 has however arguedthat neither the Ordinances introducingcarryingon systemare in nature nor the order dated 01082008 can be construedto have His 8irther contentionis that the Universityis entitled the rules even duringthe continuance ofthe Course by a to Uma 2014.03.29 14: 38 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 414 c CUIPNo 8583 of2009 13 Ip7 studentas the Universitydoesnot hold a promise to a studentnot to changethe duration or the manner or method of from one semesters to anotherexceptchangingthe syllabus or a courseof studyfor which a studentmay be entitledto notice The have placedreliance upon a Single m ofthis Court reported Pawan Kumar Sharma Vs 0 The State of Puniab and others 1991 Recent Services C0 I 407 In this case the afOliatingUniversity C5 I byelaws the condition of passingthe Z examlnatlons ln a particularchance The students who are rm the course at the time of introductionof the byeaws l t Z assailed the action of the University the lssue a 08 learnedSingleBench ofthis Court held as followsl 11 r It has been laid down in the above referred two 3 Z authoritiesthat the which are lw at the time a studenttakes admissionin the consolidatedcourse would keepon applying of any amendment till the student So admitted completes the course In Vlew of this eee the were not justifiedin applyingthe byeawswhich were on 16 August 1986 to the studentswho had got admissionin the BM course in the first year prior to that date 95 Uma 2014.03.29 14: 38 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 415 tl CWP No8583 of2009 14 1 1 Reliance 1S also placedon another Division Bench judgmentof this Court in the caseof Munish Kumar Talwar Vs The Vice Chancellor Baba Farid Universityof Health Sciences and others2007 629SLl 330 In this case also the rules for BAMS course were amended The amended rules m L admissionto final examinatlon if there is reappearlll 0 the second examination The had 0 I re appearin second thoughhe was granted admission C5 I to thirdsemester but not to appearin the examinations Z ThisCourt thequestionheld as under 7 The short question that requires determination C2 I lIl this case is whether the is to be c6 by the amended or uneamended r3 Ordinance The appellanthad been permitted to smmo Z in the 3 Professionalexaminationheld ln tl Aprivlay2005 Ifthe originaldurationofthe 3 Professionalhad not been amended the appellant hadcleared the reappearsof the 2 Professional and on that account there was no before him to appear 111 the final examination which was then to be held in November December2005 As per the appellanthe is sufferingon account of the wrong application of theamendedOrdinance in his case Uma 2014.03.29 14: 38 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 416 0 CWPNo85830f2009 15 V 9 Since the is required to be treatedas belongingto batch of year 2000 as already noticedtheprovisionofpara11 above would also come to his rescue When the joinedthe course he was entitledto take that he wouki be eligibleto clear l st and m 1 211dProfessionalby NovemberDecember2005 0 He reallycould not have any say in fixingthe C0 durationof the 3 by amendmentin I C5 the Ordinance after he had joinedthe course To I such a situationonlyperhaps theprovision Z ofpara 11 ofOrdinance provided that W lr candidatesadmittedpriorto 2001 will appear in C I final after two years of study lt can j Cl3 benoticedthat the has studiedwith the a7 batch in 1nd 2 Professional examinations Z Thusa different duration of the course if being 0 to similarlysituatedcandidates We do notsay that it amounts to discriminationbut parity needto be maintainedbetween similarlysituated and that is what is soughtto be C achievedby Ordinance above We are thusofthe view that unamendedOrdinancewould govem thecase ofthe and the provisions of the amended Ordinance cannot be made to him 95 Uma 2014.03.29 14: 38 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 417 CWP No8583 of2009 16 12 1 To thecontrary Mr DS Patwalia leamed counsel for the has relied upon Puniab Universitv VsSubash Chanderand another 19849 3 Supreme Court Cases 603 In thiscase the had securedadmissionto MBBS course lIl the year 1965 The existing 1 of 50 per cent marksto passin eachsubjectIn addition tr Illlnimum 0 to the above therewas a separate rule for grantof grace marks 0 I uptoone of the total aggregate marksincludingmarksfor C49 I Practical and internalassessmentif a candidatefails in one or more Z In theyear 1970 an amendmentwas madein the 5r e rules and the award of grace marks was conflned to total r Z marks excludingthe marks for intemal assessment 08 he has Where a candidatefails in one or more 0 S where a separate Of PaSSin em3 111all 2 alsoexists In case of BAMSIBDS examinationthe aggregate Clw marks of one percentwas conflnedto each subjectand not to of all subjectsThe petitioner who was a studentof MBBS was failingin one He claimedgrace marks on the basisof unmended rules but he was awardedgracemarkson the 4 ok 4 1 1 of the amendedrules which did hotor6ve beneflcialto him 10 41 1 the same in the PunjabandHaryanaHigh Court A 14 4 He 1 17132 ll7 ll14 FullBench oftlns Court allowedthe Il 1 il rules at the I7 Il 4 1 0 6 tY e Uma 2014.03.29 14: 38 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 418 rV CWPNo85830f2009 17 11 applyand the amended rules cannot be applied to thedetriment ofthe candidates Honble the Supreme Court while the issueheld as under 11 We do not agree with the leamed Judgesof the Full Bench ofthe HighCourt that thereis any elementof 1 retrospectlvlty111 the changebroughtabout by the tr addition of the exception to Rule 2 l of the Calendar for 0 C0 the year 1970 according to the Shorter C5 Oxford EnglishDictionaryThird Edition in relation to I Statutesetc means Operative with regard to pasttime Z The changebroughtabout by the addition of the m to Rule 2 l does not say that it shall be L r with effect from any earlier date It is I 08 obviously It is not possible to hold that it is CCJ in merely because though V7 Z introducedin 1970 it was appliedto SubashChander Ll l who appeared for the final examinationin 1974 afler he hadjoinedthe course earlier in 1965 No promisewas made or could be deemed to have been mad to him at the time of his admission in 1965 that eee therewill be no alteration of the rule or regulation in regard to the percentage of marks required for passing any examination or award of grace marks and that the rules relatinglereto which were in force at the time of his admissionwould continue to be appliedto him until heOnishedhiswholecourse 13 Uma 2014.03.29 14: 38 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 419 tJ 7 CWPNo8583 of2009 18 1 12 we are clearlyofthe opinionthat thereis 110 of the changein the rule made in the year 1970 merelybecause it was applied in 1974to Subash Chanderwho had joined theMBBScourse in 1965when the rule award of grace marks was different In these circumstances 1 Cr affrmthe view of DK MahajanandPeCeJain JJ we 0 inthe DivisionBenchjudgment in Sewa Ram C3 I V Kurukshetra and disapprove the view taken 0 bythe learnedJudgesof the Full Bench in the decision I under in this case and hold that the University Z right in holdingthat SubashChander l was 0 16grace marks under the old rule was not entitledto I butwas entitledto only4 gracemarksunderthe new rule 5 CO and had therefore not passedthe examination ln sn We allow the appealbut without any order Z this decision will not affect the as to costs Qw resultof the examination of Subash Chander ln if it hadbeen declaredas per the directionof the Judgesofthe Full Benchin the LettersPatent V Appeal 51 Theaforesaid was followed by anotherBench of the Court in the case of Puniab Universitv Vs DevjaniChakrabartiandothers 619843 Supreme Court Cases 612wherein it has been held as follows Uma 2014.03.29 14: 38 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 420 CHTPNo8583 of2009 9 1 In the presentcasealso the new decisions are primafacie in operation and theydid not become merelybecause they applied to studentswho hadalready startedtheir educational careers We therefore allow these appeals but without anyorder as to L costs and set aside the judgments of the High 0 Court and dismiss the writ petitionsHowever C3 I thisdecision will not affect the rightwhich might C9 Z have been grantedto the petitioners in the writ on the basisofthe judgments ofthe High Z Courtwhich havebeen reversedin theseappeals 11 C A similar issue came to be considered by a Division I 08 Bench of this Court ln the case of Rahul Gupta Vs State of CJ0 2000 49SCT 1099 wherein SubhashChanders case zo Z has beenrelied upon andit hasbeenheld as underl Clm 4 We have heard leamed counsel for the parties and are of the view that there is no merit in the writpetitionsThe onlyargument advancedbythe counselfor the petitioner is 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 the duration till the studentswho joined thecourse in the academic session 19978 had Uma 2014.03.29 14: 38 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 421 CWPNo8583 of2009 20 6 r completed the same He has placedreliance on Full Bench of this Court in Amardeep SinghSahotav StateofPuniab etc 1993 SLR 673 1993 41 SCT 328 Hl FBI and Singhand anotherv StateofPuniab and others1998 21SLR 14 1997 41SCT 511 C H1 FBl We are unable to agree with the 0 contentiOn of the petitionerFrom the stand taken 0 I by the it 1S clear that the competent 0 decided in the year 1995 to revise the I curriculumof Electronics and Communicatlon Z Course to 3112 years consistingof 7 L The7 semester includes the ilolant semesters I and the marksawardedto a candidatein 08 QO thistraininghave to be included in the diploma r4 3 to him It is filrther clear that the Z DirectorTechnical Education Haryanaby his 1n dated 1810995 informedall the of the Institutesin the Stateof Haryana whichimpartsuch education that the duration of thecourse had been increasedto 112years and thatthe revised curriculumwas to be witheffect from the academicsession 199596 What happened was thatwhen the prospectuswas issuedfor the academic session 199798 there wasan error therein and the duration