80 1 CWP No8583 of2009 1 Inthe HighCourt ofPunjabandHaryana at Dateofdecisionl0804 2010 1 CWPNo85830f2009 SamritiShannaand others Petitioners Vs 1 GuruNanak Dev Universityand another Q 0 2 CWP 9218 of2009 0 Z JugrajSingh Petitioner C0 VS I GuruNanak Dev andothers Z m 3 CWPN0118670f2009 r I Naveen Singh eePetitioner 08 Vs Guru NanakDev 111 C andanother av3 2 4 CWPN08277 of2009 Qm Petitioner Singh VS GuruNanak Dev andanother 5CWPNo 13363of2009 RimpiKumari Petitioner VS GuruNanak Dev UniversityAmritsar andanother 6CWP No 9339 of2009 SahasChopra and another etitioners VS Radhika 2014.03.28 14: 42 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 81 d CWP No85830f2009 2 Guru Nanak Dev andanother 7CWPNo351of2009 RajivKumar and others Petitioners VS Guru Nanak Dev and another m 8CWP No487 of2009 L 0 Singhand others Petitioners C VS I Guru Nanak Dev C5 and another I 9 CWP No340 of2009 Z SinghAulakh andothers Petitioners 2 VS Guru Nanak Dev I andanother 0j 10CWPNo10490 of2009 ClO SinghVirdi and others Petitioners AW 2 VS GuruNanak Dev llll andanother 11CWPNo770of2009 Singhand others etitioners ee VS Guru Nanak Dev andanother 12 CWP94920f2009 Ashish Luna and others Petitioners VS GuruNanak Dev Universityitsar andanother Radhika 2014.03.28 14: 42 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 82 1 CVITPNo 8583 of2009 3 W 13 CWP No153 of2009 Kaur and others Petitioners VS GuruNanak Dev andanother 14CWPNo779 of2009 Kumar and another Petitioners 1 0 VS GuruNanak Dev UniversityAmritsar 0 andanother C I 15 CWPNo8514 of2009 CD I Sandeep Dhir Petitioner Vse Z GuruNanak Dev andanother e r 16CWP Nol00380f2009 Jatin Seth Petitioner r VS t2 GuruNanak Dev 7 andanother Z 17CWPNo888of2009 Cl RahulSharmaandothers Petitioners vs Guru NanakDev and others cV 18 CWP No9644 of2009 SiddharthAcharyaand others Petitioners VS GuruNanak Dev andanother 19 CWP No941 1 of2009 AmritpalSinghand others Petitioners Radhika 2014.03.28 14: 42 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 83 Il CWP No8583 of2009 4 Versus Guru Nanak Dev UniversityAmritsar andanother CORAM HONBLE MR JUSTICE PERMOD KOHLI Present Mreneet Sharma MrAS Manaise Mr Naresh m Prabhakar Mr RS Manhas MrK Rattan MrManuj 0 NagrathAdvocates for the 0 MrDS Patwalia Advocatefor the C3 I PERMOD KOHLI J C5 All these petitionsare beingdisposedof by this Z common order as the facts and of law in all these m Q petitlons are identical I All the in thesepetitions are the studentsof 08 ClO course like Bachelor of Technology 4r mem Science and Bachelor of Architecture Degree 2 r1 in the Faculties of AppliedSciences and and PhysicalPlanningand Architecture Theywere admittedto the course 111theyear 2005 At the relevanttime they C were by the Ordinances framed by the Universityfor 8om one semester to anothersemester The eligibility conditions were 1n para 8 of the Appendixof Ordinances for Under Graduate BTechlB Arch Degree in the Faculties of Applied 8V and PhysicalPlanningand Architecture Ordinance Radhika 2014.03.28 14: 42 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 84 191 e CWP No85830f2009 5 dated 15112000 ln operation at the time of the admission 1S hereunder 13 a A candidate shall be promotedto the next highersemester providedhe securesat least 40Io m r marks in aggregateof all the courses taken 0 together for that semester even if he fails in one or C4 morecoursels I C5 109Reappearexaminations for an odd semester I shall be conducted alongwith the next odd Z semesterand an even semester alongwith the next e C even semester I 08 C 9 An extra chance shall be givento a reappear OO candidate of seventh semester B Tech9 9 w Z Semester B Arch9along with the Qm end semester exalninationprovidedthe candidate has passedall the courses upto semester C d9 A end semester examination shall be conducted only for eighth6BTecl tenth B Arch9 semester provided the candidate has passedall the courses upto seventhlninth semester Radhika 2014.03.28 14: 42 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 85 CWP No8583 of2009 m6 d e Award of grace marks for these examinations shall be as per the UniversityOrdinances 19 Under Clause 6aof the Ordinance a candidatewas entitledto be to the next highersemester if he secures 1 at least 40Io marks 111 of all courses taken together for Ll that semester ifhe fails in one or more courses Under Clause 6l 0 C3 examlnatlon foran odd semestershall be conductedalong I C5 with the next oddsemester and even semesteralongwith the next Z UnderClause c 9 an extra chanceis toa even semester Z of 7 semester BTechJ 9 semester 6B reappear l Arch alongwith 8thand 10 semester examination a 4 I candidatehas all courses upto6 and eighthsemesters 08 oo under Clause 19a examination is to be svm Z conductedfor 8tBTech andtenth BArch9 semesters tl has passedall the courses upto the alsoa for awardof gracemarks as semesterThere is per the Ordinances The Universityamended the t The Universityhas introducedthe cany on aforesaid 1 10 systemlIl theyear 1999for variousfaltiesldepnts underthe k r Calendar 1999Vol III for variouscourses exceptlaw and facultiesand School of Social I 1 1 1 lnl 1 1 r 1 Radhika 2014.03.28 14: 42 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 86 CWP No8583 of2009 7 eee Sciences In respectto the course having8 semesterduration followingconditionshavebeenlaid downl 3 Courses havingeightsemester duration a There shall be no condition for promoting a studentfrom flrst semester to second semester b9However a studentshall be to third C semester only if he has passedatleast 50Io 0 of the first two semesters but there C Z will be no conditionfor promoting a studentfrom 0 I thirdsemester to fourth semester Z C 9However a student shall be promoted to fifth semester only if he has passedatleast 50Io f 4 ofthe flrst four semester r O8 d1There will be no condition for promoting a Q3 studentfrom fifth to sixtll semester ew e9 However a student shall be promoted to 2 V m4 seventh semester onlyif he has passeda11the t1 ofthe flrst two semesters 0 The student shall be to eighth semester only if he has passedall the 4e ofthe flrst three semesters After a periodof eighthsemesters the student shall be givena periodof two consecutive years more to passfailingwhich he shall haveto start the course afreshfrom the flrst semester However such a Radhika 2014.03.28 14: 42 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 87 1 CWP No8583 of2009 8 studentwill not be required to qualifythe entrance test agaln 17 The aforesaidOrdinances cany on was further amended by the Syndicate 111its meetingheld on 13122006 111 the following mannerl m Present Heading ProposedHeadingl C Carry on Systemfor vanous iii9 Carryon Systemfor various 0 1semester examlnations 6exceptlaw semester examinatlons 6exceptLaw Co 1and Engineeringand TechnologyFaculties and School of Social and School of Social Sciences Z C5 L 1 Vide the amendment the cany on systemfor various Z semester examinationswasmade applicableto the lr andTechnology Faculties as well exceptLaw and School of Social e Sciences However the amendment was appliedfrom Session 08 r 20072008 The rther introducedthe amendment Ul 943 the carry of B Tech M Tech MCA and MBA 5 on 2 Clm years course vide its decision dated 1 82008 wherebythe cany on system was appliedin all the exceptLaw and Schoolof Social Sciences for which there are separate Ordinances Vide the aforesaid decision the carry Oll systemwas made 1Vee applicable to theComputer Sciencec0 and Electronic by wayof rther clarification of the amendment introducedvide Item No23 ln themeeting f the Syndicateheld on 05122006 The are ofthe decision dated Ol082008 the amendedOrdinancesGoverning the carry Radhika 2014.03.28 14: 42 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 88 6 CWP No8583 of2009 ee9m V on systemhas been appliedto all the coursesreferred to hereinabove As a consequence of the of cany on systema studentcan be from flrst semester to second semester without any condition However such a studentCaIl be to third semester if he has passedat least 50 per cent m CC of the First two semesters For to 4th 0 semester no conditionis applicableAgainfor to 5 C3 I semester a studentmust pass at least 50 percent of C5 I the flrst four semesters Againfor from 5 to 6 IC Z semester 1Swithoutany condition For to 7 semester a 2 CL huther embargo1S created that the student must pass all r ofthe flrst two semesters Similarlyfor j ClO to 8 semesters a studentmust quali61 all the ofthe t nvm flrst three thereby a student will not be 2 eligible to seek admission in 7 semester ifhe has any CL reappearor backlogof flrst two semesters Same eligibilitycondition will applyfor promotionto 8 semester and if the student has a C reappearor backlogoffust threesemesters he is ineligible to seek admissionin 8 semester The grievanceof the is that the amendment introduced or the clariflcation issuedvide order datedOl 082008 1Sillegaland ln cases of the With a view to their contention reliance is placedon the Ordinance Radhika 2014.03.28 14: 42 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 89 1 1 CWP No8583 of2009 10 e0 dated 141 12000 Annexure Il9 which wasln force at the time of admission which onlyrequired 40 per cent marksof all the papers in a semester of the fact whether a studentfails ln one or more papers of that semesters It is further contended that carry on systemwhich was introduced in the m C UniversityCalendar 1999 701 IIIJ has no to the 0 and Technology Faculties Law and School of Social 0 Sciencesas is evident from Annexure P3 Even the amendment C I introduced pursuantto the decision ofthe vide Item Z No23 in the meetingheld on 522006 cany on systemfor the 0 of and TechnologyFaculties has been from Session20072008 It is submiuedthat 06 00 Slnce the were admitted ln the year 2005 this e amendment1S againnot applicable to the havingbeen Z Ll made operative from Session 20072008 as perthe contained in the amendmentOrdinances itself It 1S rther that vide orderdatedOl 082008 P49 n herein the amendment has been 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 concentratedOll those papers OIl priority Now after two years the petitioners Radhika 2014.03.28 14: 42 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 90 81 1 CWP No8583 of2009 11 Se cannot be punishedfor not havingcleared the paperstwo years back It is the case of the that the operation of the rules is when it takes away any of the rightof the hither to available 111 existing tatutellaw Accordingto the the only m C1 for promotion to the seven and eighthsemesters was 0 that a candidateshould secure 40 per cent marksin aggregateln a c I semester of the fact whether a candidatehas failed ln C I one or more ofthe papers ofthat semester Z In the replyflled by the the W has relied upon the order dated Ol082008 whereby Lr I carry on systemhas been appliedto all the courses 08 lIl the UniversityexceptLaw and School of Social Sciences ClO 4 n These two courses beinggoverned by separateOrdinances It is Z reiteratedthat any having lIl tl the flrsttwo semesters is ineligiblefor seekingadmission to 7 semester and a candidatehavingreappear in flrst threesemesters 1S to seek admissionin 8 semester It is statedthat asa matterof fact order dated 01082008 is not an amendmentto the but onlybyway of clariflcation as previous Ordinances of 2000 were in this regardand thus necessitateda clarification It is mentioned lll the replyflled by the University that some of the who had lll reappear Radhika 2014.03.28 14: 42 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 91 l1 CWP No8583 of2009 12 e4 examinationson flrst two semesters were granted admissionto 7 semester subject to clearanceofthe backogofthe flrst two semesters on their fllingof the affidavit that in the event of the failure of the candidateto clear the reappear of fust two the admission to 7 semester could be cancelled n C Similar affldavits were flled by the who 0 securedadmission ln 8 semester while lIl first three 0 papers It is submittedthat all the admissionsto 7 and C 8 semesters in respectto the candidateswho had of flrst Z 213semesters were in nature andcould be cancelled on n theirfailure to clear the backog r I When these petitions were filed interim orders were 08 by this Court in CWP No8583 of 2009 on 29052009 rL3 WAm entryin 8 semester Similar orderswere passedin other Z writpetitions the to seekadmissionin 7 and Q 8 semesters and also to appear lIl the examinationsfrom time to tlme MrD Patwalia leamed counsel for the c has however arguedthat neither the Ordinances introducingcarryingon system are retrospectlve 111naturenor the order dated 0108 2 008 can be construed to have His rther contentionis that the Universityis entitled to change the rules even duringthe contmuance ofthe Course by a Radhika 2014.03.28 14: 42 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 92 CWP No8583 of2009 13 t4J studentas the Universitydoesnot hold a promise to a student not to changethe duration or the manner or method of from one semesters to anotherexceptchangingthe syllabus or a courseofstudyfor which a studentmay be entitledto notlce The have placedreliance upon a Single 1 t ofthis Court reported Pawan Kumar Sharma Vs 0 The State of Puniab and others 1991 639 Recent Services C0 407 In this case the afflliatingUniversity C byeaws the condition of passingthe I Ir Z examlnatlOnS ln a chance The students who are the course at the time of introductionof the byelaws I assailed the action of the University the issue a 08 leamed SingleBench ofthis Court held as followsl oo 4 It has been laid down in the above referred two aeno 2 authoritiesthat the which are r at the time a studenttakes admissionin the consolidated course would keepon applying of any amendment tiil the student so admittedcompletes the course In view of this the were not justifiedin applyingthe bye4aws which were on 16 August 1986 to the studentswho had got admissionin the BAMS course in the flrst year prior to that date 35 Radhika 2014.03.28 14: 42 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 93 1 e CWP No8583 of2009 14 C1 Reliance 1S also placedOIl 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 629Sl 330 In this case also the rules for BAMS course were amended The amended rules m 0 admissionto flnal examination if there is reappear lIl 0 the second examination The petitioner therein had CA3 I in second thoughhe was granted admission C5 I to third semester but not to appear in the examinations Z This Court thequestionheld as underl 7 The shortquestion that requires determination r 111this case is whether the is to be 08 by the amended or utnended r Ordinance The had been to Pmo Z in the 3 Professional examination held lIl Qw AprilMay2005 Ifthe originaldurationofthe 3 Professionalhad not been amended the had clearedthe reappearsof the 2 Professional 1 and on that account there was no before him to appear in the flnal examination which was then to be held in November December2005 As per the appellanthe is sufferingon account of the wrong application of theamendedOrdinancein his case 1 1 Radhika 2014.03.28 14: 42 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 94 CWP No8583 of2009 15 b 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 entitledto take position that he would be eligibleto clear lst and m 2 Professionalby NovembereDecember2005 0 He reallycould not have any say ln fixingthe 0 I duration of the 3 by amendmentln C9 the Ordinanceafter he had joinedthe course To I remedy such a situationonlyperhaps theprovision Z ofpara11 ofOrdinance providedthat tr candidatesadmittedpriorto 2001 will appear 111 final afler two years of study It can 415 f1 be noticedthat the has studiedwith the mvA batch in 1 and 2 Professional examinations Z Thus a different duration of the course if being C3m applied to similarlysituated candidates We do notsay that it amounts to discrimination but parity needto be maintainedbetween similarlysituated candidatesand that is what is soughtto be C achievedbyOrdinance above Weare thusofthe view that unamendedOrdinance would govem the case ofthe appellant and theprovisions of the amended Ordinance cannot be made to him 51 Radhika 2014.03.28 14: 42 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 95 0 7 CWP No8583 of2009 16 41 1 To thecontrary Mr DS Patwalia leamed counsel for the has reliedupon Puniab University VsSubash Chanderand another 3 Supreme Court Cases 603 In this case the had securedadmissionto MBBS course lO the year 1965 The existing required 1 marksto pass in eachsubjectIn addition tr minlmum of 50 per cent 0 to the above therewas a separate rule for grantof grace marks C0 I uptoone of the total aggregate marksincludingmarksfor C I Practicaland internalassessmentif a candidatefails in one or more Z In theyear 1970 an amendmentwas madein the m rules and the award of grace marks was conflned to total 0 4 I marks excludingthe marks for intemal assessment c6 Where a candidatefails ln one or more he has aO 3 in all subjects where a separate of passing Z also exists In case of BAMSIBDS examination the 1 gracemarks of one percentwas conflned to each subjectand not to of all subjectsThe petitioner who was a studentof 1 MBBS was failingln one He claimed grace marks on the basis rules but he was awardedgracemarkson the el 1 44hr 1 basisof the rules which ditlot prove beneficialto him i He the andHaryanaHighCourt A samein the 1 9 A 141 e 1 Ill FullBench ofthis Court allowedthe Il Il 1 1lrules pmvalent atthe ell 1 Radhika 2014.03.28 14: 42 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 96 1 C1 CWP No8583 of2009 ee17 applyand the amended rules cannot be applied to thedetrimentofthe candidates Honble the Supreme Court while the 1SSue held as underl 11 We do not agree with the Ieamed Judgesof the Full Bench ofthe HighCourt that thereis any elementof t 111 the changebroughtabout by the Q additionofthe to Rule 2l ofthe Calendar for 0 C theyear 1970 according to the Shorter I C5 Oxford EnglishDictionaryThird Edition in relation to I Statutesetc means Operative with regardto pasttime Z The changebroughtabout by the addition of the m to Rule 2 l does not say that it shall be Q with effect from any earlier date It is I 08 obviously It is not possible to hold that it is CQ 4t 111 merelybecause though k Z introducedin 1970 it was applied to SubashChander Om 1 who for the final examination in 1974after he had joinedthe course earlier in 1965 No was made orcould be deemed to have been mad to him at the time of his admission in 1965 that ew therewill be no alteration of the rule or regulation 111 regard to the percentage of marks requiredfor passing any examination or award of grace marks and that the rules thereto which were in force at the time of his admission would continue to be appliedto him until heflnishedhswhole course 3 Radhika 2014.03.28 14: 42 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 97 cy CWPNo 8583of2009 18 9 Therorewe are clearlyofthe opinion that there1S 12 no of the changein the rule made in the year 1970 merelybecause it was applied in 1974 to SubashChanderwho hadjoined theMBBS course in 1965when the rule award of grace marks was different In these circumstances m C we affinn theview of D1C Mahajan and P Jain JJ 0 inthe DivisionBench in SewaRam C3 I v Kurukshetra and disapprove the view taken C bythe learnedJudgesof the Full Bench in the decision Z under in this case and hold that the University Z rightinholdingthat SubashChander 1 was L 16grace marks under the old rule was not entitledto Z marksunder the new rule butwas entitledto only4 08 03 and had therefore not passedthe examlnatlOll 111 t 2 We allow the appealbut without any order 2 this decisionwill not affect the as to costs Il the examination of Subash Chander lll result of if it had been declaredas per the directionof the Judgesofthe Full Benchin the LettersPatent 94e Appea 53 The aforesaid was followedbyanotherBench of the Supreme in the case of Puniab University Chandigarh Vs De andothers 3 Supreme Court Cases 612wherein it has been held as follows Radhika 2014.03.28 14: 42 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 98 6 C7 CWP No8583 of2009 9 1 In the presentcase also the new decisions are prima facie in operation and theydid not become merelybecause they appliedto studentswho had already startedtheir educational careers We therefore 6 allow these appeals but without any order as to 1 costs and set aside the of the High 0 Court and dismiss the writ petitionsHowever C I this decision will not affect the rightwhich might C I have been granted to the petitioners in the writ on the basis ofthe High Z Courtwhich have beenreversedin theseappeals 55 A similar issue came to be considered by a Division I 08 Bench of this Court 111the case of Rahul Gupta Vs State of ao Haryana2000 649SCT 1099 wherein SubhashChanders case W7 2 has beenrelied upon and it has beenheld as under Clw 4 We have heard learned counsel for the parties andare of the view that there is no merit in the writpetitionsThe onlyargumentadvancedbythe counsel for the is that when his client joinedthe diplomacourse ln the year 1997 the made it clear that the duration of that course was 3 yearsand the could not the duration till the studentswho joined thecourse in the academic session 199798 had Radhika 2014.03.28 14: 42 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 99 CWP No8583 of2009 20 P the same He has placedreliance on Full Bench of this Court in Amardeep SinghSahotav StateofPuniab etc 1993 41SLR 673 1993 41 SCT 328 Pc Hl 3l and Singhand anotherv StateofPuniab and others1998 21SLR 14 1997 41SCT 511 3 8 n C H1 FBI We are unable to agree with the 0 contentlon of thepetitionerFrom the standtaken C3 I by the it 1S clear that the competent 9 decided in the year 1995 to revise the Z curriculumof Electronics and Communication Z Course to 3112 years consistingof 7 V 0 The7 semester includesthe inolant semesters I and the marksawardedto a candidate111 08 Clo thistraininghave to be includedin the diploma 4 WAr to him It is 61rther clear that the Z DirectorTechnical Education Haryanaby his Clm dated180995 informedall the of the Institutesin the Stateof Haryana whichimpartsuch education that the duration of thecourse had been increasedto 3112 YearSand thatthe revised curriculumwas to be witheffect