KULDIP SINGH PANNU Vs. PUNJABI UNIVERSITY, PATIALA

JUDGEMENT

(1.) Kuldip Singh Pannu joined the 1st year of Degree in Ayurvedacharaya (B.A.M.S.) in the academic session of 1981-82 in the Government Ayurvedic College, Patiala. In May, 1982 he sat for the first year examination in which he was declared to have failed in two papers and he was allowed to reappear. He was successful in passing one of the two papers in which he was to reappear. However, in the meantime he was allowed to join the second year. He appeared in the second year in May, 1983 and also took the examination in the other reappear paper of first year. In the other re-appear paper, there was some complaint about the unfair means having been used by the student and because of that matter, his result for the second year was not declared but some intimation was set to the student and on the basis of that communication, he took admission in the third year course. The unfair means case was not found to have been proved beyond reasonable doubt with the result those proceedings were dropped and when the result of the other re-appear paper was declared, it was found that the student had failed in the same. This result was declared in November, 1983. The University showed some indulgence to the student to take one more chance and ultimately he passed in all the papers of the first year examination the result of which was declared in December, 1984.

(2.) The student wanted to appear in the third year examination but the University did not permit him to do so, because he had not cleared the first year. At that stage he came to this court in the present writ petition. The writ petition was admitted and the student was allowed to take the examination for the third year at his own risk and subject to the decision of this writ petition. The student took the examination for the third year but the result was not declared because by then he had not passed all the papers of the first year examination and according to the stand of the University, he was not entitled to take the third year examination.

(3.) In view of the fact that the student has passed in all the papers of the first year and was declared successful in the second year, I am of the considered view that in the interest of justice and equity, on the peculiar facts of this case (not to be cited as a precedent) the result of the student for the third year examination, it would be open for him to seek admission to the fourth year class in accordance with the University Rules and Regulations.