SEEMA SHARMA Vs. PUNJABI UNIVERSITY PATIALA

JUDGEMENT

(1.) This judgement of mine will dispose of Civil Writ Petitions Nos. 13797 and 15530 of 1992.

(2.) For facility of reference the facts of Miss Seema Sharma's case (Civil Writ Petition No. 13797 of 1992) are being adverted to. The facts of both the cases are almost identical but wherever the facts differ, the same will be adverted to. Miss Seema Sharma, while studying in M. M. Modi College, Patiala appeared in B.Sc. Part I examination held by the Punjabi University Patiala in April, 1990. She passed in all papers except in Chemistry and, therefore, her result was to re-appear in the subject of Chemistry. She was allowed to join the next class, i.e. B.Sc. Part II. She appeared in reappear paper (Chemistry) in September 1990, but failed to clear the same. In April 1991 she again appeared in reappear paper of chemistry of B.Sc. Part I and along with that, she also appeared in B.Sc. Part II. Though she cleared B.Sc. Part II examination as a whole yet she could not clear re-appear paper of Chemistry of B.Sc. Part I. It may be observed here that she was allowed to join B. Se. Part-III Class after She had been declared successful in B.Sc. Part-II. In April, 1992 petitioner appeared in B. Sc. Part III examination, but did not appear in B.Sc. Part-I re-appear paper in Chemistry. On 15-7-1992 the University sent provisional information regarding result of the petitioner of B.Sc. Part III, examination. She was informed that her B.Sc. Part III examination result was being withheld as she had not cleared the lower examination. However, according to the provisional information the petitioner had passed in all the papers of B.Sc. Part III. The difference on facts as far as the other case i.e. that of Miss Seema Kaushal (Civil Writ Petition No. 15530 of 1992) is concerned she got reappear in one of the papers of B.Sc. Part III.

(3.) Petitioner was not allowed by the University to sit to clear her B.Sc. Part I (Chemistry Paper) in supplementary examination held in October 1992 which led the petitioner-Miss Seema Sharma to file writ Petition No. 13797 of 1992. The Motion Bench while issuing notice of motion on 6/10/1992 directed the respondent University to permit the petitioner provisionally to take her examination of B.Sc. part I (Chemistry) which was to be subject to the final decision in the writ petition. (There are no such interim directions in case of Miss Seema Kaushal as she approached the court after the examination of B.Sc. part I was over).