THE PUNJAB UNIVERSITY, CHANDIGARH Vs. SH. KANWAL MARWAH

JUDGEMENT

(1.) KANWAL Kumar Marwaha appeared in the Higher Secondary Examination of the Panjab University, Chandigarh, in March, 1963. In the declared result he was not shown either as pass or fail and later on by order dated 31st October, 1963, his result was cancelled and he was disqualified to appear in the examination for two years on account of use of unfair means. This order of the University was challenged by the student by filing a writ petition in this Court and by order dated 12th March, 1965, this Court allowed the writ petition and quashed the order of the University as being arbitrary and illegal. Since in the meantime two years passed, his career for that period was seriously affected due to the arbitrary and illegal order passed by the Panjab University. The student filed the present suit claiming damages in the sum of Rs. 10,000/ - against the University. The trial Court, on the basis of the judgment of this Court in the writ petition, found that the action of the University was arbitrary and illegal although was not proved to be mala fide and awarded Rs. 500/ - as damages. Both the parties filed appeals which came up for hearing before the Additional District Judge, Gurdaspur, who by judgment and decree dated 21st July, 1969, modified the decree of the trial Court and enhanced the damages to Rs. 2,00/ -. From the aforesaid judgment and decree, the Panjab University alone has come to this Court in second Appeal.

(2.) AFTER hearing the counsel for the parties, I am of the view that there is no merit in this appeal. Once this Court found that the action of the University disqualifying the plaintiff was arbitrary and illegal, it would be clear that the time which elapsed between the order of disqualification and the acceptance of the writ petition by this Court, deprived him of his valuable period to carry on hi academic career and to enter life. The facts clearly disclose that two years elapsed between the examination which was cancelled and the decision of the writ petition. For two years the sum of Rs. 2,000/ - awarded by the Court below is much too less and since there is no appeal by the student, no enhancement is called for. Otherwise, it was a fit case for enhancing the amount of damages.