IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.6230 of 2011 Date of Decision : November 11, 2011. Jugvinder Singh .....Petitioner versus The Principal, Post Graduate Govt. College and others .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.Sajjan Singh Malik, Advocate for the petitioner. Mr.Ashish Rawal, Advocate, for respondent Nos.1 & 2. -.- 1. Whether Reporters of Local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? --- Surya Kant, J. (Oral) The petitioner got admission in Four Years B.P.Ed. Course in the Post Graduate Government College, Sector-11, Chandigarh. He is stated to be a Wrestler and Judo Player of national level. The petitioner appeared in the first year examination of B.P.Ed. Course but could not clear two papers, i.e., 'History of Physical Education' and 'English and Communication Skills'. Petitioner applied for re-evaluation in which he was declared pass in the subject of 'History of Physical Education'. However, he was required to re-appear in the paper of 'English and Communication Skills'. The petitioner was meanwhile permitted to attend the classes of the second year course of B.P.Ed but he was not permitted to CWP No.6230 of 2011 [2] appear in the second year examination on the plea that he got admission in B.P.Ed. Course belatedly. While calling upon the respondents, this Court vide order dated 7.4.2011 provisionally permitted the petitioner to appear in the B.P.Ed. 2nd year examination subject to the final outcome/result of the writ petition. On 17.10.2011, the University was directed to produce the result of the petitioner for B.P.Ed. 2nd year examination in a sealed cover. In compliance thereto, learned counsel for the respondent-University has brought the result of the petitioner in sealed cover which is unsealed, seen and after re-sealing, has been returned to him. Having heard learned counsel for the parties, I find that the writ petition deserves to succeed for more than one reasons. Firstly, the assumed delay in admission in B.P.Ed. Course, if any, was wholly irrelevant for the purpose of appearing in the B.P.Ed. 2nd year examination. Such a factor, if at all, could be relevant for appearing in the first year examination only. Secondly, the delay in the declaration of result of re- valuation is not to be attributed to the petitioner. That was not his fault if the University took more than reasonable time in declaring the said result. Thirdly, the petitioner is entitled to re-appear in the left out paper of B.P.Ed. first year in three more chances and thus, non-passing of the paper of 'English and Communication Skills' was also not a valid ground to deny him appearance in the second years examination or further promotion in the said course. For the reasons afore-stated, the writ petition is allowed and the provisional appearance of the petitioner in the 2nd year examinations of CWP No.6230 of 2011 [3] the B.P.Ed. Course is regularized. The University is directed to declare the result of the petitioner for 2nd Year B.P.Ed. Course as and when he clears the left out paper of 1st year. Rest of the necessary consequences like appearance of the petitioner in 3rd years course shall also follow. Ordered accordingly. Dasti. November 11, 2011 (SURYA KANT) Mohinder JUDGE