72 CWP No8583 of2009 1 er Inthe HighCourt ofPunjabandHaryanaat Dateofdecision 0804 2010 1 CWPNo8583of2009 SamritiShannaandothers Petitioners Vs m 0 GuruNanak Dev Universityand another 0 2 CWP 9218of2009 0 I JugrajSingh Petitioner C5 VS I Guru Nanak Dev andothers Z m 3 CWPNo1867 of2009 lr I NaveenSingh ePetitioner 08 Vs GuruNanak Dev ao andanother Se2 Z 4 CWP No277 of2009 QV Singh Petitioner VS GuruNanak Dev andanother 5CWP No 13363 of2009 C RimpiKumari ePetitioner VS GuruNanak Dev andanother 6CWP No339 of2009 SahasChopraand another Petitioners VS Parkash Om 2014.04.05 12: 25 True Scanned Copy Of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 73 CWPN08583 of2009 2 Guru Nanak Dev andanother 7 CWP N09351 of2009 RajivKumar andothers Petitioners VS Guru Nanak Dev andanother m 8CWP No487 of2009 0 Singhand others Petitioners C VS Guru Nanak Dev C9 andanother I 9 CWP No340 of2009 Z SinghAulakh andothers Petitioners VS lr Guru Nanak Dev andanother 08 10CWP No10490 of2009 m W7 SinghVirdi andothers Petitioners Z VS Guru Nanak Dev tl andanother 11 CWPNo9770 of2009 Singhandothers Petitioners 4e VS Guru Nanak Dev andanother 12 CWP 9492 of2009 Ashish Luna and others Petitioners VS Guru Nanak Dev andanother Parkash Om 2014.04.05 12: 25 True Scanned Copy Of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 74 0 1 1 CWPNo 8583of2009 3 4 13 CWPNo8153 of2009 Navdeep Kaur and others Petitioners VS Guru Nanak Dev andanother 14CWP No9779 of2009 Kumar andanother Petitioners m C VS Guru Nanak Dev 0 andanother C I 15 CWPNo8514 of2009 C I Sandeep Dhir Petitioner Vs Z GuruNanak Dev and another a 16 CWPNo10038 of2009 06 Jatin Seth Petitioner VS 0 Guru Nanak Dev Pm andanother 2 17 CWP No9888 of2009 Cl Rahul Sharmaand others Petitioners VS Guru Nanak Dev andothers c 18CWPNo644of2009 SiddharthAcharyaand others Petitioners VS Guru Nanak Dev andanother 19CWPNo411of2009 AmritpalSinghand others Petitioners Parkash Om 2014.04.05 12: 25 True Scanned Copy Of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 75 CWP No8583 of2009 4 Versus Guru Nanak Dev UniversityAmritsar andanother CORAM HONBLE NH7 JUSTICE PERMOD KOHLI Present Mreneet Sharma MrAS Manaise Mr Naresh 1 Prabhakar Mr RS Manhas MrSK Rattan MrManuj NagrathAdvocates for the 0 MrDS Patwalia Advocatefor the C PERMOD KOHLI J C5 I All these petitionsare beingdisposedof by this Z common order as the facts and of law lIl all these petltlonsare identical I All the in thesepetitions are the studentsof r C course like Bachelor of W2 Science and Bachelor of Architecture Degree Z 4 Progre in the Faculties of AppliedSciences and Technology and PhysicalPlanningand Architecture Theywere admittedto the course in theyear 2005 At therelevanttime they C were governedby 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 Ce and PhysicalPlanningand Architectur Ordinance Parkash Om 2014.04.05 12: 25 True Scanned Copy Of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 4 76 1 CWP No8583 of2009 5 dated 15112000 111operation at the time of the admission 1S hereunder 8 a9 A candidateshall be promoted to the next highersemester provided he secures at least 40Io i C marks in aggregateof all the courses taken 0 together for that semester even if he fails in one or C3 more coursels C5 b9 Reappearexaminations for an odd semester I shall be conducted along with the next odd Z semesterand an even semester alongwith the next V2 0 even semester I 08 C 9 An extra chance shall be givento a reappear OO candidate of seventh semester 03rech9 9 na 2 SemesterB Arch9along with the Ll end semester examinationprovidedthe candidate has passedall the courses upto semester C d A end semester examination shall be conducted only for eighthBTech9l tenth 6B Arch9semester providedthe candidate has passedall the courses upto seventhlninth semester Parkash Om 2014.04.05 12: 25 True Scanned Copy Of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 77 CWP No8583 of2009 6 e Award of gracemarks for these examinations shall be as per the Ordinances 37 Under Clause ofthe Ordinance a candidatewas entitledto be to the next higher semester if he secures m at least 40Io marks 111 of all courses takentogether for thatsemester ifhe fails in one or more courses UnderClause6b9 0 0 examinationfor an odd semester shallbe 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 6BFech99 semester 6B r ArchJalongwith 8 and 10 semester examination a I 06 candidatehas all courses upto6 and eighthsemesters C Clause a examination isto be w Z conductedfor 8 BTeche9andtenth BArch9semesters tl the candidatehas passedall the courses upto seventhlninth semester There is alsoa provisionfor awardof gracemarks as perthe University rdinances The Universityamended the Gea Ordinances The Universityhas introducedthe ca on system111theyear 1999for various underthe Calendar 1999 Vol III for variouscourses exceptlaw 1 and Technologyfacultiesand School of Social I l Parkash Om 2014.04.05 12: 25 True Scanned Copy Of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 78 Il CWP No8583 of2009 7 Sciences In respectto the course having8 semesterduration following conditionshavebeenlaid downl 3 Courses havingeightsemester duration a There shall be no condition for a studentfrom first semester to second semester b1However a studentshallbepromotedto third 1 0 semester only if he has passedatleast 50 0 C ofthe first two semesters but there I will be no conditionfor promoting a student from C I third semester to fourth semester Z C 9However a studentshall be promoted to fifth semester only if he has passedatleast 50 0 ofthe first four semester I 08 d There will be no condition for promoting a 00 studentfrom fiRh to sixth semester W3 Z e9 However a student shall be promotedto tl seventh semester only if he has passedall the ofthe flrst two semesters fJ The student shall be promotedto eighth semester only if he has passedall the G ofthe first three semesters After a periodof eighthsemestersthe student shall be givena periodof two consecutive years more to passfailingwhich he shall have to start the course afresh from the first semester However such a Parkash Om 2014.04.05 12: 25 True Scanned Copy Of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 79 91 1 1 CWP No8583 of2009 8 studentwill not berequired to quali67 the entrance test agalll 53 The aforesaidOrdinances6canyon was rther amendedby the in its meeting held on 13122006 lll thefollowingmanner m 7 PresentHeading ProposedHeading Cl 1iii Cany Oll Systemfor variousiio Carry on Systemfor various 0 1semester examinations exceptlaw semester examinations Law C0 and Engineeringand Technology Faculties and School of Social Faculties and School of Social Sciences C5 Sciences L 1 J I Vide the amendment the cany on systemfor various Z semester examlnatlons was madeapplicableto the m 1 andTechnology Faculties as well exceptLaw and School of Social I Sciences However the amendmentwas appliedfrom Session 06 ril 20072008 The Universityfurtherintroducedthe amendment 111 wn the carry on systemof B Tech M Tech MCA and MBA 5 Z Ll years course vide its decision dated 1 82008 wherebythe carry on system was appliedin all the exceptLaw and School of Social Sciencesfor which thereare separateOrdinances ee Vide the aforesaid decision the cany on system was made applicable to the Computer Science 0 and Electronic Technologyby way of rther clarification of the amendment introduced vide Item No3 ln the meetingof the Syndicate held on 05122006 The are ofthe decision dated 01082008 whereby the amended Ordinances Goveming the carry Parkash Om 2014.04.05 12: 25 True Scanned Copy Of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 80 1 7 CWP No8583 of2009 9 on hasbeen appliedto all the courses referred to hereinabove As a consequenceof the of cany on a student Call be from Orst semester to second semester withoutany condition However such a studentcan be to third semester if he has passed at least 50 per cent 1 of the First two nesters For to 4 0 semester no condition is Againfor to 5 0 I semestera studentmust pass at least 50 per cent of C5 I the flrst four semesters Again for from 5 to 6 Z semester 1Swithoutany condition For to 7 semester a lrther embargo1S created that the student must pass all I ofthe fust two semesters Similarlyfor 08 oo to 8 semesters a studentmust quali67 all the ofthe W2 flrst three thereby a student will not be Z eligible to seekadmission in 7 semester ifhe hasany CL reappearor backlogof flrst two semesters Same eligibilitycondition will applyfor promotion to 8 semester and if the student has a e reappear or backlog of fust three semesters he is ineligible to seek admissionin 8 semester The grievance of the is that the amendment introducedor the clariflcation issuedvide order dated01082008 1Sillegaland m cases of the With a vlew to their contention reliance is placedon the Ordinance Parkash Om 2014.04.05 12: 25 True Scanned Copy Of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 81 CHTP No 8583of2009 10 dated 141 12000 P which was in force at the time of admission which onlyrequired40 per cent aggregate marksof all the papers in a semester of the fact whether a studentfails in one or more papersof that semesters It is further contended that carry on systemwhich was introduced in the e Q UniversityCalendar 1999 701 III9 has no to the 0 and Technology Faculties Law and School of Social 0 I Sciences as 1S evident from Annexure P3 Even the amendment C0 I introduced pursuantto the decision of the vide Item C Z No23 in the meetingheld on 5122006 cany on systemfor the disciplinesof and TechnologyFaculties has been appliedfrom Session20072008 It is submittedthat 08 ao smce the were admitted in the year 2005 this m2 amendmentis againnot applicable to the havingbeen Z CL speciflcallymade operative from Session 20072008 as perthe contained in the amendment Ordinances itself It 1S lrther contendedthat vide orderdated01082008 P4J e2 herein the amendmenthas been applied which has adverselyaffected 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 concentrated on those papers on priority Now afler two years the Parkash Om 2014.04.05 12: 25 True Scanned Copy Of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 82 1 CWP No8583 of2009 11 cannot be punishedfor not havingclearedthe paperstwo 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 lIl existingstatutellaw to the the only 1 Lr for promotion to the seven and eighthsemesters was 0 that a candidateshould secure 40 per cent marksin aggregate ln a C3 I semester of the fact whether a candidatehas failed ln C5 I one or more ofthe papersofthat semester Z In the replyfiled by the the m Universityhas relied upon the order dated 01082008 whereby Q I carry on systemhasbeen applied to all theunderaduate courses c6 111 the UniversityexceptLaw and School of Social Sciences OO 7 These two courses beinggovemedby separateOrdinances It 1S Z reiterated that any having lll tl the first two semesters is ineligiblefor seekingadmission to 7 semester and a candidatehavingreappear in first three semesters 1S ineligible to seekadmissionin 8 semester It is statedthat as a matter of fact order datedOl082008 is not an amendmentto the but onlybyway of clarification as previous Ordinances of 2000 were in this regardand thus necessitateda clarification It is mentionedin the replyflled by the University that some of the who had m reappear Parkash Om 2014.04.05 12: 25 True Scanned Copy Of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 83 No8583 of2009 12 examinationson flrst two semesters were admissionto 7 semester subject to clearanceofthe backogofthe first two semesters on their fllingof the afdavit that in the event of the failure of the candidateto clear the reappear of fust two semestersthe admission to 7 semester could be cancelled 1 r Similar affldavits were flled by the who 0 securedadmission ln 8 semester while 111flrst three C0 I semesterspapers It is submittedthat a11the admissionsto 7 and t5 I 8 semesters in respectto the candidateswho had baclog of flrst Z 213semesters were in nature and could be cancelledon 2 their failure to clear the 0 When these petitions were filed interim orders were 08 passedby this Court in CWP No8583 of 2009 on 2905 2 009 oo emm entryin 8 semester Similar orderswere passedin other Z writpetitions the to seekadmissionin 7 and Lna 8 semesters and also to appear lll the examinationsfrom time to time MrD Patwalia leamed counsel for the C has however arguedthat neither the Ordinances canyingon systemare in nature nor the order dated 01082008 can be construed to have operationHis further contention is that the Universityis entitled to change the rules even duringthe contlnuance ofthe Course bya Parkash Om 2014.04.05 12: 25 True Scanned Copy Of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 84 1 CWP No8583 of2009 13 1 4V studentas theUniversitydoesnot hold a promise to a student not to changethe duration or the manner or method of from one semesters to anotherexcept the syllabus or a courseofstudyfor which a studentmaybe entitledto notice The have placedreliance upon a Single 1 C ofthis Court reported Pawan Kumar Sharma Vs 0 The State of Puniab and others 1991 Recent Services C I 407 In this case the afflliatingUniversity C5 I the condition of passingthe Z examlnatlOIlS ln a particularchance The students who are n the course at the time of introductionof the bye4aws Q I assailed the action of the University the issue a 08 leamedSingleBench ofthis Court held as followsl CQ e It has been laid down ln the abovereferred two 7 Z authoritiesthat the which are lln at the time a studenttakes admission in the consolidatedcourse would keepon applying of any amendment till the student SO 4d admitted the course In view of this the were not justifledin applying the byeawswhich were on 16 August 1986 to the studentswho had got admissionin the BA114 course in the Srst year prior to that date 95 Parkash Om 2014.04.05 12: 25 True Scanned Copy Of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 85 1 CWP No8583 of2009 14 Pr Reliance is also placedon another Division Bench judgmentof this Court in the case of Munish Kumar Talwar Vs The Vice Chancellor Baba Farid Universitvof Health Sciences and others 2007 29S1R 330 In this case also the rules for BAMS course were amended The amendedrules 1 C admissionto flnal examinationif there lS reappearin 0 the second examlnatlOI1 The petitioner therein had 0 I remappearlIl second thoughhe was granted admission 0 I to third semester but not to appearin the examlnatlOllSe Z This Court thequestionheld as underl e O 7 The shortquestion that requires determination lIl this case is whether the is to be rs6 govemed by the amended or uramended 1 Ordinance The had been pemittedto me Z appear in the 3 Professional examinationheld in CL AprilMay2005 Ifthe originalduration ofthe 3 Professional had not been amended the appellant hadcleared the reappearsof 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 Novembere 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 12: 25 True Scanned Copy Of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 86 91 CWP No8583 of2009 e15 9 Sincethe appellant is required to be treatedas belongingto batch of year 2000 as already noticed theprovision ofpara11 above would also come to his rescue When the the course he was entitled to take position that he would be eligible to clear lst and C 2 Professional by November4ecember 2005 0 He reallycould not have any say in flxingthe C I duration of the 3 by amendmentln C5 the Ordinanceafter he hadjoinedthe course To I remedy such a situationonlyperhaps theprovision Z of para 11 of Ordinance specificallyprovidedthat e C2 C candidatesadmittedpriorto 2001 will appear lIl I flnal after two yearsof study It can 08 00 be noticed that the has studied with the r 7 batch in 1 and 2 Professional examinations Z Thus a differentduration of the course if being CL appliedto similarlysituated candidates We do not say that it amounts to discriminationbut parity need to be maintained between similarlysituated C candidates and that is what is soughtto be achievedbyOrdinance above Weare thus ofthe view that unamendedOrdinance would governthe case ofthe appellant and theprovisions of the amended Ordinance cannot be made applicable to him 75 Parkash Om 2014.04.05 12: 25 True Scanned Copy Of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 87 No85830f2009 16 To thecontrary Mr DS Patwalia leamed counsel for the has relied upon PuniabUniversity Vs SubashChander and another 19849 3 Supreme Court Cases 603 In thiscase the had securedadmissionto MBBS course 111 the year 1965 The existing required 1 mlnlmum of 50 per cent marksto passin eachsubjectIn addition 0 to theabove there was a separaterule for grantof grace marks C I uptoone of the total aggregate marksincludingmarksfor C5 I Practicaland internalassessmentif a candidatefails ln one or more Z In theyear 1970 an amendmentwas madein the rules and the award of grace marks was conned to total C I marks excludingthe marks for intemal assessment 08 Where a candidatefails ln one or more he has r10 mm in all subjects where a separate of passing Z also exists In case of BAMSIBDS examination the tl marks of one percentwas conSned to eachsubjectand not 1 to aggregate of all subjectsThe petitioner who was a studentof MBBS was failingin one paperHe claimedgrace marks on the 4ee basisofuneamendedrules but he was awardedgrace marks on the 1 1 Ilrir basisof the amendedrules whichfdidllot prove beneficialto him t He the samein thePuniabandHaryanaHighCourt A Full Bench ofthis Courtallowedthe hold tbat 4 11 rulesprevalent at the time oftbe admi3r r r Parkash Om 2014.04.05 12: 25 True Scanned Copy Of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 88 1 CWP No8583 of2009 17 pr applyand the amendedrules cannot be applied to thedetrimentofthe candidates Honble the Supreme Court while the 1SSue held as underl 11 We do not agree with the leamedJudges ofthe Full Bench ofthe HighCourt that thereis any elementof 1 retrospectivity111 the changebroughtabout by the additionof the exception to Rule 21 ofthe Calendar for 0 C the year 1970 according to the Shorter I C5 Oxford English Third Edition in relationto I Statutesetc means Operative with regardto pasttime Z The changebroughtabout by the addition of the 0 exceptionto Rule 2 lloes not say that it shall be I operativewith effect from any earlier date It 1S 08 obviously It is not possible to hold thatit is ClO 1 retrospective111 operationmerelybecause though Z introducedin 1970 it was appliedto SubashChander n l who appeared for the tlnal examinationin 1974 afterhe hadjoinedthe course earlierin 1965 No promise was made or could be deemed to have been made to him at the time of his admission in 1965 that 1eeeae there will be no alterationof the rule or regulation 111 regardto the percentage of marks requiredfor passing any examination or award of grace marks and that the ruIesrelatingtheretowhich were 111force at the time of his admission would continue to be appliedto him until heflnishedhiswholecourse 32 Parkash Om 2014.04.05 12: 25 True Scanned Copy Of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 89 1 CWPNo8583 of2009 18 0 12 we are clearlyofthe opinion that thereis no of the changein therule made in theyear 1970 merelybecause it was applied 1111974 to SubashChanderwho hadjoined the AfBS course in 1965when the rule award of grace markswas different In these circumstances m Q ann theview of DK Mahajanand PC Jain JJ we 0 in theDivisionBench in SewaRam 0 I v Kurukshetra and disapprove the view taken C bythe learnedJudgesof the Full Bench in the decision t under in this case and hold that the University Z rightin holdingthat SubashChander l W was 1 was not entitledto 16 grace marks under the old rule butwas entitledto only4 gracemarksunder the new rule 08 CO and had therefore not passedthe examination in W2 We allow the appealbut without any order Z Howeverthis decision will not affect the as to costs Q result of the examination of Subash Chander lIl if it had been declaredas per the directionof thelearnedJudgesofthe Full Bench in the Letters Patent C Appea1 99 The aforesaid was followed byanotherBench of the SupremeCourt 111 the case of Puniab Universitv Vs DevianiChakrabartiandothers 3 CourtCases 612 wherein it has been held as followsl Parkash Om 2014.04.05 12: 25 True Scanned Copy Of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 90 2 1 CWP No8583 of2009 19 In the presentcasealso the new decisions are pnma facie in and theydid not become merelybecause they applied to studentswho had already startedtheir educational careers We therefore allow these appeals but without any order as to 1 costs and set aside the of the High 0 0 Court and dismissthe writ petitionsHowever this decision will not affect the rightwhich might C5 I have been grantedto the petitioners in the Wrlt Z petitions on the basis ofthe High Court whichhave beenreversedin theseappeals A similar lssue came to be considered by a Division 08 Bench of this Court lIl the case of Rahul Gupta Vs State of ClO Harvana2000 649SCT 1099 wherein SubhashChanders case W2 Z 6suprahasbeenrelied upon andit hasbeenheld as under 0 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 counsel for the petitioneris that when his client joinedthe diplomacourse 111the year 1997 the made it clear that the duration of that course was 3 yearsand the could not changethe duration till the studentswho joined the course in the academic session 199798 had Parkash Om 2014.04.05 12: 25 True Scanned Copy Of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 91 CWP No8583 of2009 20 the same He has placedreliance on Full Bench of this Court in Amardeep SinghSahotav StateofPuniabetc 1993 41SLR 673 1993 41 SCT 328 Pc Hl FBI and SwaraniitSinh and anotr v StateofPuniaband others 1998 21SLR 14 1997 41SCT 511 Q Hl FB9 We are unable to agree with the 0 contentlOn of the From the standtaken 0 I by the it 1S clear that the competent C5 decided in the year 1995to revise the I curriculum of Electronics and Communication Z DiplomaCourse to 3112 years consistingof 7 ll semesters The 7 semester includesthe inplant training and the marksawardedto a candidatein c6 oo this traininghave to be includedin the diploma 3 awardedto him It is hlrther clear that the Z Director Technical Education Haryanaby his C1 communicationdated 1801995 informed all the Principals of the Institutesin the Stateof Haryana which impartsuch education that the duration of the course had been increased to e112years 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 was an inadvertent error therein and the duration 1 c 1 Ill Parkash Om 2014.04.05 12: 25 True