MALA CHAWLA Vs. GURU NANAK DEV UNIVERSITY AMRITSAR

JUDGEMENT

(1.) Petitioner Mala Chawla daughter of Hargobind Chawla has filed this writ petition under Arts.226 and 227 of the Constitution against Guru Nanak Dev University, Amritsar, for the issuance of a writ of certiorari for quashing the decision of the University dt. 10th Nov. 1986 (Annexure-P-2), by which, result of the petitioner in the 'Improvement Case' has been cancelled, and for the issuance of a writ of mandamus directing the respondent University to declare her result of M.A. (Part II) in Fine Arts (Improvement Case).

(2.) Briefly stated, the petitioner passed M.A. (Part I) Examination in Fine Arts (Drawing and Painting) from Guru Nanak Dev University, Amritsar, in Aug. 1984, securing 228 marks out of 400 marks. Thereafter, she appeared in M.A. (Part II).Examination in May, 1985, and passed the same securing 249 marks out of 400 marks. Thus, in total she secured 477 marks out of 800 marks, that is, 3 marks less than 480 which are minimum marks, for the First Division. Guru Nanak Dev University has made a provision in their Ordinances for permitting students to improve their Divisions by re-appearing in the same examination. The petitioner, in order to improve her Division From Second to First submitted her Admission Form to the respondent University in Nov. 1985 and deposited the requisite fee. The examination was to be held in April, 1986, for which the forms were to be submitted in Nov. 1985. After all the procedural formalities were completed, the University issued Roll No. 16001 to the petitioner for appearing in the examination. Accordingly, the petitioner appeared in April, 1986, and, as per her own assessment and belief, her performance was upto her satisfaction and she was most likely to succeed in her mission of improving the Division from Second to First. However, when the result was declared in Nov. 1986, the University cancelled the result of the petitioner without assigning any reason, vide impugned communication dt. 10th Nov. 1986 (Annexure-P-2). In reply to her letter dt. 10th Dec. 1986, the University intimated to the petitioner on 29th Jan. 1987 (Annexure-P-3), that the case had been examined by the Controller of Examinations and she could not improve the Division as she had already passed M.A. Part II (Fine Arts) in Second Division with more than 55 per cent marks. It is against this decision of the University communicated to the petitioner vide Annexure-P-2 and P-3 that she has approached this Court for getting her result declared in the 'Improvement Case', which examination she has already taken.

(3.) In reply to the writ petition, the Deputy Registrar, Guru Nanak Dev University, Amritsar, has filed the return in which reliance has been placed on the Ordinances of the University to justify the action of the respondent that candidates could be permitted to improve their performance only up to 55 per cent marks and not higher. It is further stated that the respondent-University has never allowed in the past any candidate to further improve the Score/Division who has already got 55 per cent or more marks in the examination.