NIRVAIR SINGH Vs. PUNJABI UNIVERSITY PATIALA

JUDGEMENT

(1.) On a joint request made by the learned counsel for the parties, the main writ petition itself is taken up for final disposal.

(2.) Mr. D.S. Patwalia, the learned counsel appearing for the writ petitioner has argued that the challenge in the main petition is to the order dated April 20, 2005, (annexure P-4), whereby the petitioner- Nirvair Singh was ordered to be rusticated from the Department. Mr. Patwalia has further placed reliance upon Punjabi University Calendar Vol. 2, Regulation 5 (i) wherein it is provided that rustication would mean a loss of one academic year. According to the learned counsel, since petitioner Nirvair Singh has already lost 4th Semester and 5th Semester, therefore, the petitioner is entitled to appear in the internal examination for 4th Semester which are being held within the month of March 2006. On the other hand, Mr. Deepak Sibal, the learned counsel appearing for the respondent University has contended that as per Regulation 5 (i) a rustication has to operate for a full one academic year, and therefore, the order annexure P-4 having been passed on April 20, 2005, the petitioner cannot have any claim to appear in any examinations to be held in the month of March, 2006 i.e. within one year.

(3.) However, Mr. Sibal very fairly states that as per Regulation 5 (i), the petitioner would have right to appear in the 4th Semester examinations after April 20, 2006.