HARKIRAT SINGH Vs. PUNJAB AGRICULTURAL UNIVERSITY LUDHIANA

JUDGEMENT

(1.) Harkirat Singh, the petitioner in this petition filed under Arts.226 and 227 of the Constitution, prays for a writ of certiorari for quashing order dated Februbry 12, 1988, copy Annexure-P.3 attached with the writ petition. Vide this order, the petitioner was dropped from the University in accordance with Rule 7.64(b) of the Trimester Rules as he had failed to achieve the overall grade points average of 1.50 at the end of three trimesters.

(2.) Harkirat Singh took admission to Four Years Bachelor of Veterinary Science and Animal Husbandry Degree Course of the Punjab Agricultural University, Ludhiana in the year 1986-87. He was registered for three trimesters meant for First Year Course and thereafter he was registered for the first trimester meant for the Second Year of 198788. Result Cards of Trimesters were produced as Annexures-P.1 and P.2. The petitioner completed four trimesters when on February 12, 1988 order, copy Annexure-P.3, was served upon him. There was no Third Trimester Examination and instead Summer Session Examination was held. There was disturbance in the University Campus. There were other incidents. The mother of the petitioner was suffering from heart disease and was under treatment in the hospital. Because of these factors, the petitioner was unable to secure overall average which was requisite. During the course of First Trimester of 1987-88 Session, the paper was snatched from the Instructor. It was difficult paper and only seven days were provided to the students for this examination. The petitioner, who was at his ancestral village, got a letter from the Dean of the University dated January 24, 1988 to take up the examination scheduled to be held for such a paper. Annexure-P.4 is the copy of the said letter. The petitioner had done his paper of the subject earlier very well. However, he could not afterwards prepare for the same and could muster only 'D' Grade and the credit hours were three. If he had achieved 'A' or 'B' Grade, he would have completed 1.50 average of overall grade points and would not have been dropped. He asked for lenient view to be taken by the University. Earlier in the year 1982, some lenient view was taken in the matter of overall grade points average which decision was in Civil Writ Petn. No. 3508 of 1982 (Jatinder Saini v. The Punjab Agricultural University etc.) Some of the students then were allowed another chance to improve their grade point average. The writ petition was allowed by I.S. Tiwana J. on November 3, 1982. Copy of the judgment is Annexure-P.5. In that case, Jatinder Saini had overall grade points average 1.37 whereas the petitioner was having 1.39. His mercy petition was sent to the Governor of Punjab, copy Annexure-P.6, which was declined on August 5, 1988, copy of the order is Annexure-P.7. On different grounds, his dropping of from the University was challenged by the petitioner in this writ petition.

(3.) On behalf of the University and the Dean, written statement was filed by the Registrar. The petitioner was student of B.V.Sc. and A.H., Four Years Programme. During the year 1986-87, he registered himself for two trimesters and Summer Session and not three trimesters as stated. Summer Session could not be treated as a third trimester and its result is not counted for the purposes of dropping of students under R.7.64(b) of the Trimester Rules. The Third Trimester Examination which was initially cancelled was followed by First Trimester Examination of 1987-88. Its result was declared after the result of the Summer Session of 1986-87. The result of applicability of Rule 7.64(b) had to be delayed till the declaration of the result of three trimesters (that is at the end of the first trimester of 1987-88). Reference was made to certain rules which would be noticed hereafter. The performance of the petitioner at the end of the trimesters was indicated in the reply which is as under :-