IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA No. 876 of 2009 (O&M) Date of decision: 11.9.2009. PEC University of Technology, through its Registrar, Sector 12, Chandigarh. ......Appellant Vs. Samarpreet Singh ...Respondent CORAM:- HON'BLE MR.JUSTICE ADARSH KUMAR GOEL HON'BLE MRS.JUSTICE DAYA CHAUDHARY PRESENT: Mr.R.S.Bains, Advocate, for the appellant. Mr.Kamal Sehgal, Advocate, for respondent/Caveator. **** ADARSH KUMAR GOEL, J. (Oral) 1. This appeal has been preferred against interim order granted by learned Single Judge allowing the respondent to be shifted from the discipline of Computer Science to the discipline of Civil Engineering. 2. Learned counsel for the appellant states that the respondent did not fulfil the eligibility condition for change of branch. After the writ petition has been admitted, no date has been fixed. If interim order remains operative, the same will be in the nature of final order and defence of the appellant will be infructuous. He submits that the appellant in its written statement pointed out eligibility conditions under the rules for change of branch. Neither the said rules were challenged nor stand of the appellant has been rejected and the interim order will create a precedent for other students who may seek change of branch in violation of the rules. 3. Though the submission may have required consideration, having regard to the fact that learned Single Judge has allowed the interim LPA No. 876 of 2009 [2] relief in the facts and circumstances particularly the fact that as regards the requirement of 85 marks, the respondent has 84.5 marks and there were five vacancies for which no eligible candidate was available and also the fact that the appellant has already allowed the respondent to change the discipline, in pursuance of interim order, we do not find any ground to interfere with the interim order granted by the learned Single Judge. It is however, made clear that if any other candidate seeks change of discipline, the appellant will be at liberty to take decision in accordance with law and raise all points in any proceedings which may be filed. 4. The appeal is accordingly dismissed. (ADARSH KUMAR GOEL) JUDGE (DAYA CHAUDHARY) September 11, 2009 JUDGE raghav