LAWS(P&H)-1993-9-213

AMARJIT KAUR KHANGURA Vs. PUNJABI UNIVERSITY, PATIALA

Decided On September 07, 1993
AMARJIT KAUR KHANGURA Appellant
V/S
PUNJABI UNIVERSITY, PATIALA Respondents

JUDGEMENT

(1.) This order will dispose of two connected writ petitions No. 408 and 409 of 1991 as counsel for the parties are agreed that identical questions of fact and law are involved in both of them. As counsel were also agreed that the decision in Civil Writ Petition No. 409 of 1991 will govern the other writ petition as well facts are being taken from this petition.

(2.) Petitioner joined the two years diploma course in Pharmacy conducted by the Punjabi University, Patiala (for short, 'the University) in September, 1986. She cleared first year of the course in 1987. When she appeared for the second year in October, 1988 she failed in all the subjects. She again appeared for the second year in July, 1989 but remained unsuccessful. She then availed of the third chance in 1990 and cleared 4 papers out of eight and availed of the remaining 4 papers. She failed in the 6th paper.

(3.) According to Ordinance 16 of the Ordinances promulgated by the University for the diploma course in Pharmacy the petitioner at her option could take final examination in parts b one or more subjects in which she had failed or in the whole, provided, however, that she passed in all the subjects prescribed for the examination in four consecutive examinations commencing with the first examination of her own class. Admittedly, she has availed all the four chances but could clear only 7 papers out of 8. When the University did not permit her to take the 5th chance which she was wanting to avail she filed the present writ petition challenging the action of the University on the ground that she was permitted to take any number of chances under the Education Regulations, 1981 framed by the Pharmacy Council of India for the diploma course in Pharmacy. It was contended that in the presence of these regulations, the University Ordinance restricting the chances of four would not apply.