RAMA CHHABRA Vs. PANJAB UNIVERSITY, CHANDIGARH

JUDGEMENT

(1.) The petitioner is seeking issuance of a writ of Certiorari to quash the orders of the Controller of Examinations of Panjab University dated 8.11.1996 (Annexure P.3), dated 11.12.1996 (Annexure P.7) and dated 16/17.12.1996 (Annexure P.9).

(2.) The petitioner was granted admission to the Master of Engineering Course in Chemical Engineering Department in the year 1994 as a part-time student. She took the examinations held by the University in December, 1994, May, 1995, December, 1995 and in January, 1996. She passed 8 subjects out of 10 subjects in that course. She appeared in the examination held in May, 1996 in which she passed in both the papers in the subject of "Chemical Reaction Engg.-I" but was able to pass in the written paper but failed in the Sessional (Internal Assessment) paper in the subject entitled "Process Dynamics and Control". By the impugned order dated 8.11.1996 she was required to appear in both the papers i.e. written as well as sessional paper in the subject of "Process Dynamics and Control" on the ground that it was a combined paper though she was declared qualified in one paper. The petitioner made a representation on 22.11.1996 (vide Annexure P.5). By the letter dated 11.12.1996 (vide Annexure P.7) the Controller of Examinations informed the petitioner that her request for exemption to appear in the paper which she had already cleared cannot be acceded to as the candidate is required to clear the entire subject and since she had not cleared the Internal Assessment of the subject she has to appear in both the papers. The same stand was reiterated in Annexure P.9 by the Controller of Examinations. Therefore, the petitioner approached this Court to quash the letters of the Controller of Examinations referred to above and for a direction to the University to allow her to re- appear in the Sessional paper in the subject "Process Dynamics and Control" by exempting her for re-appearing in the written paper in the said subject.

(3.) In the written statement on behalf of the respondents, it is inter alia averred that since the petitioner failed in the Sessional paper she has to take both the papers in that subject though she passed in the written examination and that Sessional paper cannot be treated as a separate paper. It is further averred in the written statement that in case a candidate has passed the Sessional paper, then he is allowed to retain his marks of the Sessional paper and has to re-appear only in the written examination but in case a candidate has failed in the Sessional paper but passed in the written examination then the said candidate has to re-appear in both the papers. The University placed reliance on regulation 8.2 of the Panjab University Calendar Vol. II.