JITIN GUPTA Vs. GURU NANAK DEV UNIVERSITY, AMRITSAR

JUDGEMENT

(1.) THIS order shall dispose of aforementioned two appeals i.e. LPA Nos.1658 of 2012 and 1662 of 2012, preferred by Jitin Gupta and Jugav respectively, who invoked the jurisdiction of this Court by filing CWP Nos. 14080 of 2012 and 12796 of 2012. Jugav, the appellant in LPA No.1662 of 2012, was admitted in B- Tech. course by Guru Nanak Dev University, Amritsar (for short 'the University') in July, 2011. The University has Credit Based Continuous Evaluation Grading system. Appellant Jugav got Semester Grade Point Average (SGPA) of 4.07 in the first semester and could not qualify in one subject. In the second semester, he got SGPA of 4.86 and could not qualify in two subjects. The aggregate SGPA of two semesters is 4.46. On the other hand, Jitin Gupta ­ appellant in LPA No.1658 of 2012 got SGPA of 4.95 but could not qualify in three subjects in the first semester, whereas in second semester, he got SGPA of 4.40 but could not qualify in three subjects. The overall CGPA of Jitin Gupta ­ appellant being 4.40.

(2.) BEFORE we consider the issues in respect of the attendance of the Summer Term Course and the admission in third semester, relevant provisions of the Credit Based Continuous Evaluation Grading System, a copy of which is appended as Annexure P-1, need to be extracted. The same are as under:

(3.) WE have heard learned counsel for the parties at length and find that that the issue is to be examined from the point of view of attending Summer Term Course to qualify in the subjects in which a student have obtained Grade 'E' & 'F' i.e. fail and also the conditions in which a student is eligible for promotion to third semester. In our considered opinion, the attending of Summer Term Course is a distinct right given to a student than the right for promotion to third semester. We find that the expression 'Course' has been used synonymously with the subject and also the complete semester. Such expression has been used at different places of the Rules in a different context. Therefore, the expression 'Course' has to be given contextual meaning where-ever such expression appears. Clause 14 of Annexure P-1, as reproduced above, confers an independent right permitting a student to opt for a maximum of two summer term courses that is the courses other than the regular semester i.e. autumn semester; July to December & spring semester; January to June. Such Summer Term Course is not restricted to two subjects in which a student has not qualified. Such clause permits a student to appear in the Summer Term Course in more than two subjects, as Clause 14 does not put any restriction in the number of subjects in which a student can appear. Such right to appear in Summer Term Course is available to a candidate twice in a Course of four years. However, Clause 7 (a), (b), (c) & (d) deal with eligibility conditions for admission to third semester. As per the Table, reproduced above, a student, who is graded 'E' & 'F' is declared fail in that subject. As per Clause 7 (a), a student would be qualified if he has maintained a minimum of 4.5 CGPA at the end of even semester of each academic session otherwise, he will have to seek readmission to the first semester of that year. But if a student maintains CGPA of 4.5 at the end of second semester, but fails in maximum of two subjects during two semesters of that year, he is eligible for promotion to the next year. Thus, for admission in the next year, a student has to have CGPA of 4.5, but if he fails to qualify in less than two subjects, he can be promoted to the next semester. In view of the above, both the appellants herein have failed to maintain CGPA of 4.5 at the end of second semester and, thus, have been rightly declined admission to third semester. Therefore, none of the appellant satisfies the conditions of Clause 7(c) to make them for admission to third semester.