GURPREET KAUR Vs. PUNJAB TECHNICAL UNIVERSITY JALANDHAR

JUDGEMENT

(1.) These petitions are illustrative of how a populist decision taken by an academic body of the University In utter violation of the statutory provisions can lead to filing of avoidable litigation resulting in unnecessary wastage of Courts time which could otherwise be utilised for deciding more deserving cases.

(2.) The petitioners were admitted to Bachelor of Computer Application (for short, BCA) course in various colleges affiliated to Punjab Technical University, Jalandhar (for short, the University) in the academic ses sion 2001-2002. They cleared the 1st semester examination within the chances prescribed under clause (iv) of Para 23 of Chapter-IV of Academic Regulations, 2001 (for short, the Regulations) framed by the University. However, in the second semester, they got re-appear in different subjects which they failed to clear within maximum permissible chances. In the intervening period, they were allowed to prosecute studies in 3rd, 4th and 5th Semesters. However, they were not allowed to take examination of 5th semester.

(3.) The petitioners have relied on the decision taken by the Academic Council of the University in its 10th meeting held on 13-12-2002 for giving a maximum of four chances for clearing the course of any semester in MBA/MCA/BBA/BCA and B. Pharmacy, 11th meeting held on 22-4-2003 for grant of mercy chance and order dated 13-10-2003 passed by this Court in C. W. P. No. 9085 odf 2003 Gagandeep Singh Gill v. Punjab Technical University and have pleaded that the decision taken by the University not to give them the benefit of mercy chance should be declared illegal and they be allowed to take remaining re-appear papers by giving them mercy chance and also allowed to take the main examination of 5th semester.