LAWS(P&H)-2017-7-159

ROHIT RAO Vs. PANJAB UNIVERSITY AND ANOTHER

Decided On July 20, 2017
Rohit Rao Appellant
V/S
Panjab University and Another Respondents

JUDGEMENT

(1.) By way of this writ petition, the petitioner has challenged the action of the respondent-University in directing that he should attempt his 3rd semester examination after attending the 3rd semester classes subsequent to completion of 10th semester.

(2.) Brief facts are that the petitioner had taken admission in the 1st semester of Law in the respondent-University in July 2014. In May 2015, he sat for the 2nd semester examination and was declared fail in three papers. As per the rules, if he had cleared one more paper, he would have been eligible for admission to the 3rd semester in July 2015. After the result of the 2nd semester was declared (and within the prescribed period) he applied for re-evaluation in the papers in which he had failed, and when the result of the re-evaluation was declared, he was declared pass in one subject. With the passing in that one subject, he had become eligible for admission to the 3rd semester. However, by that time, classes of 3rd semester were at the fag end and consequently, the respondent-University did not admit him to 3rd semester but in January 2015 admitted him to 4th semester and passed the impugned order.

(3.) Counsel for the petitioner has argued that once the petitioner was declared pass in one paper in the re-evaluation that result would have to be deemed to relate back to the date of original result and, therefore, the respondent-University could not have prejudiced the petitioner only on account of its own mistake and negligence in not declaring the regular result and re-evaluation result in time.