HARVINDER SINGH Vs. THE PUNJABI UNIVERSITY, PATIALA

JUDGEMENT

(1.) Harvinder Singh, petitioner appeared in the first professional examination of the M.B.B.S. from Guru Gobind Singh Govt. Medical College, Faridkot, affiliated to the Punjabi University, Patiala held in April 1991. The result of that examination was declared in May, 1991. The petitioner got re-appear in Biochemistry Paper. After getting re-appear in the above referred subject the petitioner approached the said College for giving provisional admission to second professional course of M.B.B.S. but he was denied this admission. Thereafter, the petitioner invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India by filing C.W.P. No. 9773 of 1991. At the time of motion hearing the petitioner was given provisional admission by the Bench and in pursuance thereof he joined the second professional course on 12th July, 1991. Meanwhile, the petitioner also reappeared in the first professional examination in Biochemistry on July 19, 1991. The said writ petition was accepted on 7th August, 1991 vide order Annexure P-1 by the Single Bench of this court and the respondents were directed to regularize the admission of the petitioner to second professional course subject to his own risk and responsibility qua the clearing of the first professional examination. The petitioner then continued attending the classes of second professional examination and completed 82% of the total lectures against the requisite 75% lectures, but the University did not allow him to appear in the second professional examination held in August, 1992 on the ground that he has not completed 1-1/2 academic years after completion of the first professional examination as per Ordinance 15 of the Punjabi University, Patiala. Under these circumstances the petitioner has again knocked the door of this court by filing this writ petition.

(2.) During the pendency of this writ petition the respondents were directed to allow the petitioner to appeal provisionally in the second professional examination. Accordingly, the petitioner has appeared in the examination. During the course of arguments, Mr. Roshan Lal Sharma, the learned counsel for the University has produced the result of the petitioner, wherein he has got re-appear in I, II and Vth paper pertaining to the subjects of Pathology, Microbiology and Community Medicines respectively.

(3.) I have heard the learned counsel for the parties besides perusing the record. Ordinance 15 pertaining to second professional examination reads as under :-