CWP no. 15465 of 2010(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP no. 15465 of 2010(O&M) Decided on : 11-05-2011 Pankaj ....Petitioner VERSUS Director, PEC University of Technology, Sector 12, Chandigarh and another ....Respondents CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr.Vivek K Thakur, Advocates for the petitioner Ms. Naveender P.K.Singh, Advocate for the respondents MAHESH GROVER, J The petitioner commenced his course for B.E (Mechanical) in the year 2004-05. He however failed in principal examinations. Alongwith the said course, he was required to undergo physical education course which is a zero credit course and which was not to be counted to assess the merit of the student. This examination also he passed. Eventually the petitioner concluded his course in the year 2009-10 but he was deprived of the certificate on the ground that he had not cleared the second paper of physical education i.e PE102. The college permits the student to complete his course of physical education i.e PE 101 and PE 102 that are zero credit courses in summer course as special cases to enable the students to complete the course. As per the regulations of the college in fact all courses are permitted to be taken during the summer term, not exceeding two. This contention however is not an impediment to the petitioner. The only objection raised by the college is that he had been CWP no. 15465 of 2010(O&M) 2 repeatedly registering himself for the summer term to complete his physical education course but failed to join the same and eventually when he did, there was no student except for him and summer term could not be held for one student for as per the norms of the college, it could have been permissible if there were sufficient number of students with minimum of three. Under the orders of this Court, the petitioner has concluded this course and he has been awarded provisional degree and is likely to be awarded formal degree in the year 2011. The grievance of the petitioner is thus limited that since he has completed the physical education course, the degree should relate back to the year 2010 and not to 2011 as this will result in loss of one year to him. He has also referred to the cases of other students who were permitted summer term and pleads discrimination. He has also stated that he has been an outstanding sportsman representing the college in various disciplines of sports and has earned colours for the same. On due consideration of the matter, I am of the considered opinion that the physical education course being a non- credit course would not impact the principal course that the petitioner has undertaken and successfully completed in the year 2009-10. One of the term which the petitioner could not avail of for the reason that he was the only student who had offered for this course in summer term and had he been granted the permission at that point of time, he would not have been prejudiced in the manner in which he has been done now. Noticing the fact that the petitioner is an outstanding sportsman and has concluded his course and also the fact that physical education course was merely a non-credit course, I am of the considered opinion that it CWP no. 15465 of 2010(O&M) 3 would be extremely harsh if the degree relates to the year 2011 instead of period when he has concluded the course ie. 2009-10. Hence, the instant petition is allowed. Respondents are directed to provide the petitioner degree for the session for which he has concluded the course i.e 2009-10. May 11 , 2011 (Mahesh Grover) rekha Judge