BALWINDER KUMAR Vs. GURU NANAK UNIVERSITY AMRITSAR

JUDGEMENT

(1.) Whether the Guru Nanak University, Amritsar, had soon after its creation adopted the Panjab University Calendar 1969 so as to attract the application of its provisions to the case of the petitioner-examinees is the primary question which falls for determination in this civil writ petition admitted to a hearing by the Full Bench.

(2.) The facts are neither complicated nor in serious dispute. The eight petitioners joined the Medical College, Amritsar, in July-August, 1970, for the degree course of M. B. B. S. It is averred on their behalf that the Government Medical College, Amritsar, was originally affiliated to the Panjab University but on the establishment of the Guru Nanak University in the year 1969, the said College was affiliated to the latter University from the academic year 1970-71 onwards.

(3.) The particular case of the petitioners in paragraph 4 of the petition is that the Guru Nanak University, Amritsar, (hereinafter referred to as the respondent-University) in the year 1969 had adopted all the then existing Rules and Regulations of the Panjab University, Further, that the admission in July- August 1970 made by the respondent-University in its affiliated institutions was also on the basis of the criteria laid down in the Panjab University Calendar 1969. According to the Regulations contained in this Calendar, it was provided that the petitioners and other candidates appearing for the various examinations would be entitled to the grant of one per cent of the total aggregate marks of the examination to their best advantage with the result that a maximum number of 16 grace marks could be obtained. On September 26, 1970, the Syndicate of the respondent-University resolved to adopt the Regulations etc., of the Panjab University which were not in any way inconsistent with the Guru Nanak University Act, 1969, and the statutes framed by the Punjab Government thereunder. This resolution was approved by the Senate on the 25th of October, 1970, and later modified by another resolution of the Syndicate which was approved by the Senate on the 27th of March, 1971. It is averred on behalf of the petitioners that by the time the abovesaid resolutions were approved and adopted, the sister University of Panjab had already modified its Regulations regarding the award of grace marks to the candidates appearing for the degree of M. B. B. S. with the result that a candidate could get only four marks per subject. This amendment was duly incorporated in the Regulations contained in the Panjab University Calendar 1970 (Vol. I).