KULDEEP SINGH DHILLON Vs. GURU NANAK KHALSA COLLEGE

JUDGEMENT

(1.) The petitioner is a second year student of T. D.C. B.Sc. Course and studying in Shri Guru Nanak Khalsa College, Sriganganagar (respondent No. 1).

(2.) The petitioner has impugned in this petition notice dated 18th March, l994 (Annex. 4) issued by respondent No. 1 wherein it is said that the petitioner is short of lectures and the matter has been sent to the University (respondent No. 2) and in case the University refuses him to take examination, he shall not be allowed to sit in the said examination. In the petition, the petitioner has averred that he has been regularly attending the classes up to 12th Feb, 1994, whereafter College was closed down for preparatory purposes. He has already appeared in the practical examination on 25th Feb. 1994 and the time table for the Second Year Science (Medical Group) Examination, 1994 stands published and the examination is going to start on 22nd April and it is now that the petitioner learns from the notice displayed on the notice board that he is short of attendance and may be deprived to appear in the examination subject however to the decision of the respondent No. 2, i. e., the University. It is further stated that during August and Sept. the students were on strike and petitioner for 20 days in the month of December was ill and had submitted medical certificate and has already deposited his yearly fees and other funds and now at the last moment when the main examination was around the corner, for no good reasons, shortage of attendance has been pasted on the notice board and the petitioner was never provided any prior notice regarding shortage of attendance. The petitioner further avers that two other students similarly circumstance are being allowed to take the examination and that the petitioner was being discriminated against.

(3.) At the motion stage this Court vide order dated 19/04/1994 passed on the interim application permitted the petitioner to take examination till 25/04/1994 for which date show cause notice was ordered to be issued. On 25/04/1994 case was adjourned for 2/05/1994 as jointly prayed by the learned counsel appearing for the parties and stay was ordered to continue in force. On 2/05/1994 reply was filed and it was stated that the petitioner has not even attended 50% of the lectures. The learned counsel appearing for him sought time to verify the fact and the case was adjourned to 10/05/1994 and the stay order dated 19/04/1994 was extended up to that day. Thereafter there is no order extending the stay.