High Court Punjab-Haryana High Court

Derrick S Failbus vs The Punjab Technical University … on 29 July, 2009

Punjab-Haryana High Court
Derrick S Failbus vs The Punjab Technical University … on 29 July, 2009
     IN THE HIGH COURT OF PUNJAB AND HARYANA AT

                           CHANDIGARH.

                       C.W.P. No. 5841 of 2009

                    Date of Decision: July 29, 2009

Derrick S Failbus

                                                           ...Petitioner

                                Versus

The Punjab Technical University and another

                                                        ...Respondents

CORAM: HON’BLE MR. JUSTICE M.M. KUMAR

HON’BLE MR. JUSTICE JASWANT SINGH

Present: Mr. Manu K. Bhandari, Advocate,
for the petitioner.

Mr. Amrit Paul, Advocate,
for respondent No. 1.

1. Whether Reporters of local papers may be
allowed to see the judgment?

2. To be referred to the Reporters or not?

3. Whether the judgment should be reported in
the Digest?

M.M. KUMAR, J

This petition filed under Article 226 of the Constitution

prays for quashing of notification dated 22.2.2006 (P-1) to the extent

it relates to the last date of passing of examinations up to 31.12.2007.

It has further been prayed that direction be issued to the respondent

Punjab Technical University to grant equal number of chances to the

petitioner as has been given to other batches of students studying in

the University.

2. Brief facts of the case are that in the year 2001 the

petitioner took admission in the four years degree course in the
C.W.P. No. 5841 of 2009

Mechanical Engineering in the Beant College of Engineering and

Technology, Gurdaspur-respondent No. 2 which is affiliated to

respondent No. 1 University, which was started in August 2001 and

completed in August 2005.

3. On 22.2.2006, the Board of Governors of the respondent

University took a decision to grant an additional opportunity to old

students to clear their backlog of reappear papers (subjects) and

accordingly a notification was issued amending the regulations (P-1).

In para (a) of the notification it has been postulated that the maximum

duration for earning all subjects of a particular course would be twice

the duration of the respective regular course. This condition was to

apply to the current students who were not able to clear their course

within the maximum duration stipulated under the un-amended

regulations. In this manner, by amending the regulations additional

chance was provided to the students to clear their examinations.

However, in the later part of para (a) of the notification a rider was

imposed that such examinations would be conducted only when the

University examinations in the respective subjects is held in the

normal course between 1.1.2006 to 31.12.2007 and no additional

chance to clear the backlog was available after 31.12.2007.

4. It has been claimed that the petitioner was not able to

clear one of his paper of 5th Semester in the subject of ‘Heat Transfer’,

having Code No. ME-303. It is claimed that in February 2006, the

petitioner was able to get a job in a Company in Delhi and in

December 2006 he appeared in the re-appear examination of the said

paper. The grievance of the petitioner is that the result of his re-

appear examination held in December 2006 was never communicated
C.W.P. No. 5841 of 2009

to him despite repeated requests. On inquiries he was told that the

result would be conveyed to him after its receipt.

5. On 19.2.2009, the employer of the petitioner issued a

notice to him to complete submission of documents including

documents showing academic qualifications. The petitioner was

required to submit the documents by 16.3.2009 (P-3). The petitioner

again inquired from respondent No. 2 about his result and came to

know that he again failed in the re-appear examination, result of

which was declared on 30.5.2007 (P-4). On 19.3.2009, the petitioner

made a representation to the respondent University and requested for

granting him one additional chance to clear the examination (P-5).

According to the petitioner no decision has been taken on his

representation. Even on account of his failure to pass the

examination he had to resign from his job on 30.3.2009 (P-6).

6. Having heard learned counsel for the parties and

perusing the paper book with their able assistance we are of the view

that the issue raised in the instant petition is no longer res integra.

Similar controversy came up for our consideration in CWP Nos.

16521 and 20888 of 2008 wherein the impugned notification dated

22.2.2006 (P-1) was subject matter of challenge. After considering

the rival contentions of the parties as well as the contents of the

impugned notification dated 22.2.2006 we have dismissed the

aforementioned writ petitions vide order dated 14.7.2009 passed in

CWP No. 16521 of 2008 (Sachin Nanda and others v. The Punjab

Technical University and another) by observing as under:-

” This Court, in our considered opinion, in

exercise of its writ jurisdiction under Article 226 of the
C.W.P. No. 5841 of 2009

Constitution of India, is highly constrained to grant the

relief prayed for in the instant petitions. Conduct of

examinations or grant of additional chances to clear the

backlog of reappear are in the realm of policy matters

lying within the exclusive domain of the respondent-

University. Even though petitioners, by fixing last date

for clearing backlog arrears as 31.12.2007, may have

been put at a less advantageous position vis-a-vis

students of older batches, yet this Court cannot direct the

respondent-University to grant still more additional

chances to the petitioners holding that such a disparity is

arbitrary, discriminatory or violative of Article 14 of the

Constitution. The Board of Governors of respondent-

University has taken a conscious decision to grant as a

special privilege/concession to all the old students

additional chances by adopting a deadline i.e. 31.12.2007

as a matter of academic policy to bring about academic

certainty. Merely because in uniformly implementing

that policy, some students are put in a less advantageous

position, would not be sufficient to hold that the policy is

discriminatory and arbitrary.

The Hon’ble Supreme Court in Chairman,

J&K State Board of Education v. Feyaz Ahmed Malik

and others, 2000(1) RSJ 586 while considering the case

of issue of notification by the State Education Board

permitting scrapping of the entire examination in a centre

reported of mass copying, as well as of a notification
C.W.P. No. 5841 of 2009

cancelling the entire examination of Higher Secondary

Part II for regular candidates held in May, June 1993 in

the centres stated therein on account of mass copying and

violation of sanctity of the examinations, on a plea raised

by some of the meritorious students, who were affected

by such cancellation held in para 21 of the judgement

that a notification cannot be struck down as

discriminatory merely because in implementing the same

injustice is likely to be suffered by some students.

Therefore, no fault can be found with the impugned

notification dated 26.2.2006 (Annexure P/2). Hence both

the writ petitions are dismissed with no order as to

costs.”

Learned counsel for the petitioner has not been able to

successfully controvert the aforementioned legal position in the

instant petition. Accordingly, following the same principle of law and

precedent instant petition is also dismissed. No costs.





                                                 (M.M. KUMAR)
                                                    JUDGE




                                               (JASWANT SINGH)
July 29, 2009                                       JUDGE

Pkapoor