In the High Court of Punjab and Haryana at Chandigarh
C.W.P. No. 1916 of 2009
DATE OF DECISION: 19.5.2009
Rahul Rana
...Petitioner
Versus
Punjab Engineering College and another
...Respondents
CORAM: HON'BLE MR. JUSTICE M.M. KUMAR
HON'BLE MR. JUSTICE H.S. BHALLA
Present: Mr. Birender Singh Rana, Advocate,
Mr. Atul Lakhanpal, Senior Advocate, with
Ms. Shumaila Parvez, Advocate.
for the petitioner(s).
Mr. Anupam Gupta, Advocate,
for the respondents.
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 order shall dispose of C.W.P. Nos. 1916 and 5879 of 2009
as common question of law and facts have been raised in these petitions.
The petitioner(s) have challenged order dated 29.12.2008,
terminating BE programme of third semester of the petitioner(s) on account
of non-fulfillment of the academic requirements. The appeal filed by the
petitioner (in CWP No. 5879 of 2009) has also been dismissed vide order
dated 16.1.2009, which is also subject matter of challenge. The petitioner(s)
have also sought a writ in the nature of mandamus declaring clause 8.2(a) of
C.W.P. No. 1916 of 2009 2
the Rules and Procedures for under graduate programmes ultra vires of the
Constitution.
At the hearing, learned counsel for the respondents has placed
on record copy of the draft minutes of the 22nd meeting of Senate of Punjab
Engineering College held on 5.5.2009 along with a short note prepared by the
Dean Academic Affairs, Punjab Engineering College, Deemed University,
Chandigarh, which has been taken on record as Mark ‘A’. The said note is
based on the amended rules as approved by the Senate of the Punjab
Engineering College (Deemed University) in its meeting held on 5.5.2009. A
copy of the note has also been handed over to the learned counsel for the
petitioner(s) in both the petitions.
Learned counsel for the petitioner(s) have stated that in view of
the note they do not wish to press these petitions. Accordingly, the writ
petitions are disposed of in terms of the decision shown in the note of the
Dean Academic Affairs, Punjab Engineering College (Mark ‘A’). It is made
clear that if any other relief is to be sought by the petitioner(s), they may file
a comprehensive representation before the competent authority, which shall
be decided in accordance with the rules as amended by the Senate of the
Punjab Engineering College (Deemed University) on 5.5.2009.
The writ petitions and pending miscellaneous applications are
disposed of.
(M.M. KUMAR)
JUDGE
(H.S. BHALLA)
May 19, 2009 JUDGE
Pkapoor