MANISHA GUPTA Vs. PUNJABI UNIVERSITY AND ANR.

JUDGEMENT

(1.) Conceded facts in the first instance. The petitioner, a B.A. Part II student on the rolls of respondent No.2 -Institution, was scheduled to appear at the final examination at Centre Samana. While she did appear in the three papers (Computer Practical, Computer Application -A and Punjabi Compulsory) on 26.03.2007, 02.04.2007 and 12.04.2007 respectively, she had to opt out of the remaining papers (Computer Application -B, English Compulsory, Economics -A, English Literature -A, Economics -B and English Literature -B) as she fell ill on account of chicken pox. Her representation, recommended by respondent No.2, for being allowed to appear at the supplementary examination was declined by respondent No.1 vide letter dated 02.05.2007 (Annexure P -1).

(2.) As culled out from the pleadings of the parties, the moot question which falls for determination is whether a candidate who had to opt out of some papers of the annual examination on account of illness can appear at the supplementary examination or not.

(3.) The plea advocated on behalf of the petitioner is that the petitioner is entitled to appear at the supplementary examination (in the left out papers) on the authority of Clause 6 of Chapter XVIII ("Conduct of Examinations") of the 1987 Calendar of the University. The relevant provision, from which sustenance is drawn by the petitioner, is reproduced as under: