PYARE LAL CHOHAN Vs. PUNJAB UNIVERSITY CHANDIGARH

JUDGEMENT

(1.) Briefly, the case of the petitioner is that he was a regular student of the Department of Laws(Evening Shift), Punjab University, Chandigarh, in the year 1977-78. He appeared in one paper of 3rd Semester, two papers of 4th Semester and all the papers of 5th Semester in November-December, 1977. The paper of Third Semester examination was held on 5th December, 1977, two papers of 4th Semester examination on 26th November, 1977, and 1st December, 1977, respectively and all the papers of the 5th Semester examination on 28th Nov, 1977, 3rd December 1977, 9th December, 1977, 16th December, 1977, and 21st December, 1977, while taking the 3rd Semester paper on 5th December, 1977, he was involved in an unfair means case. Ultimately he was disqualified for two years, that is from December, 1977, to April, 1979(four sessions), vide letter dated 27th July, 1978, copy Annexure P-2 Regarding the result of 4th Semester, the petitioner was shown as Result Later (Lower) and regarding the result of the 5th Semester, he was required to reappear in paper II Before he was declared as disqualified for two years, he appeared in one paper of 5th Semester examination and all the papers of 6th Semester and all the papers of the Semester examination in April, 1978. The result of the petitioner with respect to aforesaid examination was not declared.

(2.) The petitioner appeared in the 3rd Semester examination in November, 1979, and cleared the same. He thereafter, made a request to the University to declare his result with respect to papers of 4th 5th and 6th Semester examination vide his letter dated 25th March, 1980, copy Annexure P-3.In reply to that letter, the University informed him vide its letter dated 17th April, 1980 copy Annexure P-4, that the result of all the Semesters of Law examination in which he appeared during the above period stood cancelled. He has challenged the said letter and has prayed that the letter be quashed and the University by directed to declare his result of the 4th, 5th and 6th Semester Examination.

(3.) The writ petition has been contested by the respondents who have inter alia pleaded that after the petitioner had been disqualified by the University for the four semester session, he was not entitled to appear in the examination of higher Semester during that period and, therefore, his result was liable to be cancelled.