KEVIN SINGH GREWAL Vs. GURU NANAK DEV UNIVERSITY

JUDGEMENT

(1.) CHALLENGE in the amended writ petition is to the order dated 09.12.2013 (Annexure P9), passed by respondent No. 3, whereby the representation of the petitioner dated 25.11.2013 for sitting in the major examinations of B.Tech -I (Urban & Regional Planning) in November -December, 2013 was rejected on account of shortage of lectures.

(2.) THE pleaded case of the petitioner is that he had taken admission in the said course and the classes started on 15.07.2013. The petitioner had been attending classes but due to medical condition, being a patient of thyroid, had remained absent in July and August, 2013, for different periods. Medical reports in support thereof were also annexed and it was stated that he had lost 20 kgs of body weight. The classes could only be attended regularly in September -October, 2013 and the last class was held on 08.11.2013 and no classes were held thereafter. Due to his illness, he was short of lectures and in the meeting dated 19.11.2013, the Board of Control (its acronym, 'BOC') decided to condone the 10% of the lectures attended and also recommended to condone 5% of the lectures on medical grounds. The petitioner had given a representation dated 25.11.2013 (Annexure P4) that his case be considered as special case and he be allowed to sit in the major examinations of the said course. He had appeared in the 2 minor examinations and secured good marks in all subjects. The BOC, in an emergent meeting held on 25.11.2013, recommended the request of the petitioner as special case and allowed him to sit in the said examination which was to start on 26.11.2013 but the petitioner was not allowed to take his examinations due to which, he filed the present writ petition. Vide interim order dated 29.11.2013, he was allowed to take the remaining 4 examinations by this Court and was stated to have passed the said examinations. However, order dated 09.12.2013 came to be passed subsequently, due to which, the decision dated 25.11.2013 was rejected and earlier decision dated 19.11.2013 was upheld by the Vice Chancellor which is the subject matter of challenge in the amended writ petition.

(3.) IN replication, the resolution of the Syndicate dated 28.05.1983 (Annexure P13) was relied upon to show that the power of the Vice Chancellor was there to condone the shortage of lectures and it was submitted that the petitioner was not informed of the said shortage.