Punjab-Haryana High Court
Pariksha vs Ptu Jalandhar And Others on 30 October, 2014
Author: K. Kannan
Bench: K. Kannan
CWP No.7675 of 2014 (O&M) -1-
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP No.7675 of 2014 (O&M)
Date of Decision.30.10.2014
Pariksha ......Petitioner
Versus
PTU Jalandhar and others ......Respondents
Present: Ms. Pariksha, petitioner in person.
Ms. Rajwinder Kaur, Advocate for respondent No.1.
CORAM:HON'BLE MR. JUSTICE K. KANNAN
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?
-.-
K. KANNAN J.
C.M. No.12343 of 2014
Application is allowed.
Written arguments along with Annexures P-19 to P-20 are taken on record.
CWP No.7675 of 2014
1. The prayer in the writ petition is to quash the order issued by the Punjab Technical University on 30.12.2013 allowing the petitioner to be registered for the 8th semester and that she would attend 7th semester classes with immediate lower batch. In effect, she was to lose one year in the process. On filing the petition in April 2014, the Court had allowed her to sit in the 7th semester examination which was to commence on 03.05.2014. The Court had directed that the permission to take the examination was purely provisional and she would not claim PANKAJ KUMAR 2014.10.30 17:21 I attest to the accuracy and authenticity of this document Chandigarh CWP No.7675 of 2014 (O&M) -2- any equity. The course concluded with the 8th semester which consisted of Industrial Training for which she was reported to have registered with the Heavy Water Plant at Kota for six months and the petitioner would also file proof of completion of the industrial training. Along with the application, the petitioner would also file proof for the fact that she had completed the 8th semester as well.
2. The subject of dispute being a direction to register for the 7th semester in lower batch arose on account of the fact that during her 6th semester, she had some health related problems and she had been absent for fairly a long period. She had submitted the registration form for the 7th semester as late as on 21.08.2013. In the application for late registration, the Dean (Students Welfare) had made an endorsement that the petitioner had been a regular student earlier and in the last semester (6th semester) she had become ill due to gynecological problem and had been on bed rest. Consequently her attendance had fallen below the requisite 75%. There was, therefore, a recommendation for 10% relaxation. Even in her application for late registration, she had given an undertaking that she would be regular and meet the norms of 75% attendance by the end of the semester. If on the basis of her application and on the basis of recommendation of the Dean through an endorsement dated 25.09.2013, she had been permitted to attend the classes there would have resulted no problem. However, the issue was that the petitioner did not attend the single lecture in the 7th semester and when her case was sent by the college on 21.11.2013 for registration for B.Tech in the 8th semester that she would be further allowed to attend the classes at the 7th semester, the University through PANKAJ KUMAR 2014.10.30 17:21 I attest to the accuracy and authenticity of this document Chandigarh CWP No.7675 of 2014 (O&M) -3- its letter dated 30.12.2013 allowed the petitioner to register in the 8th semester and she would attend the 7th semester classes with the immediate lower batch. According to the University the registration for the 8th semester itself ought not to be undertaken as legitimizing her entitlement to take the examination in the 7th semester and the permission accorded to her through the Court order must be taken as purely provisional and the issue that still fell for consideration would be whether she was eligible to take the 7th semester examination without attending any classes.
3. Admittedly when the University allowed the petitioner to register for the 7th semester, she had not immediately joined. After the registration charges in April, 2013, admittedly, the petitioner did not attend her classes and it is brought on record that for the first time in August, 2013 she presented a medical certificate to the effect that she had some gynaecological problems. If she was offering to join her classes along with the medical certificate and seeking for late registration on 21.08.2013 then her registration gets regulated only by how the University has treated it. If the University had directed the registration for the 7th semester with the lower batch, then the issue was whether she had the requisite eligibility to be admitted to the 7th semester in the same batch and take the 7th semester examinations that were held or when the re-appear examination was permitted to take place in May, 2014. Along with the reply of the 2nd respondent, the attendance register for the 7th semester has also been furnished. She had been absent throughout the period and she has not taken even a single class. The petitioner's grievance is that she was not allowed to PANKAJ KUMAR 2014.10.30 17:21 I attest to the accuracy and authenticity of this document Chandigarh CWP No.7675 of 2014 (O&M) -4- join the classes despite the fact that she submitted her registration fee for the 7th semester. The petitioner herself admits in the petition that on 23.09.2013, she had approached the college and pressed the college authorities to decide on her application for late registration and to allow her to attend the classes. The only explanation given by the petitioner is that she was running from pillar to post and time had elapsed. The bottom line is that she did not attend a single class in the 7th semester. There is no question of the petitioner being permitted to take the 7th semester examinations without attending any classes. If she had been permitted to the take the examination through an order of Court, as the order itself has observed that it was provisional without actual consideration of the fact that the petitioner had not attended any classes, the University was justified in such a situation to direct the student to take the 7th semester course with the lower batch. It is a fact that she had completed her industrial training and had concluded the 8th semester, she cannot still have the benefit of the 7th semester examination without attending classes. I will find no error in the order passed by the University for intervention. However, it may not be possible for her to join the particular batch which the University permitted her to join for the 7th semester. The petitioner could be granted special permission to attend the classes for the 7th semester in the next batch and the fee already collected on 24.04.2013 could be readjusted. Only the tuition fee will be collected and not registration fee which she claims to have paid in April, 2013. The petitioner may be informed of the schedule set down by the Court when the next batch for 7th semester is admitted and registered. The petitioner has already PANKAJ KUMAR 2014.10.30 17:21 I attest to the accuracy and authenticity of this document Chandigarh CWP No.7675 of 2014 (O&M) -5- had the marks in the DMC for the 8th semester and the examination which she was permitted to take for the 7th semester cannot grant to her any benefit. The marks shall not be published. The college will on its own indicate the time of commencement of the next 7th semester batch and allow her admission and permission to attend classes without having to file any fresh petition and permit her take the examinations afresh for the 7th semester after the requisite attendance.
4. The writ petition is disposed of with the above directions.
(K. KANNAN) JUDGE October 30, 2014 Pankaj* PANKAJ KUMAR 2014.10.30 17:21 I attest to the accuracy and authenticity of this document Chandigarh