High Court Punjab-Haryana High Court

Amit Kumar vs State Of Haryana & Others on 3 March, 2009

Punjab-Haryana High Court
Amit Kumar vs State Of Haryana & Others on 3 March, 2009
 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH



                                   Civil Writ Petition No.583 of 2009
                                        Date of Decision: March 03, 2009


Amit Kumar

                                                      .....PETITIONER(S)

                                  VERSUS


State of Haryana & Others

                                                    .....RESPONDENT(S)
                              .        .     .



CORAM:           HON'BLE MR. JUSTICE AJAI LAMBA




PRESENT: -       Mr. Sanjeev K. Tamak, Advocate, for
                 the petitioner.

Mr. Anjum Ahmad, Additional Advocate
General, Haryana, for respondent
Nos.1 and 2.

Mr. Praveen Gupta, Advocate, for
respondent No.3.

                              .        .     .


AJAI LAMBA, J (Oral)

This civil writ petition filed under

Article 226/227 of the Constitution of India prays

for issuance a writ in the nature of mandamus

directing the respondents to allow the petitioner to

appear in final theory papers (3rd Semester) for the

course of Diploma in Civil Engineering of the State

Board Technical Examinations commencing w.e.f.

 CWP No.583 of 2009                                                [2]



2.1.2009.

Learned counsel for the petitioner has

contended that the petitioner took admission in

Vaish Technical Institute, Rohtak, Haryana

(respondent No.3) in Diploma Course in Civil

Engineering through Central Entrance Examination of

the Diploma in Engineering Programmes (DEP 2007).

The petitioner completed the 1st and 2nd Semester

examinations successfully. The petitioner was

promoted to the 3rd Semester.

In the 3rd Semester, the petitioner

attended the classes of theory and practical and

submitted his permission -cum- admission form for

appearing in the State Board of Technical Education

Haryana Exam. On 19.11.2008, however, father of the

petitioner met with an accident which resulted in

his death. Due to consequent circumstances, the

petitioner could not attend the classes thereafter.

Death Certificate has been appended as Annexure P-3.

The petitioner was sick in the month of September

2008 and therefore, he had to be hospitalised.

Medical Certificate has been appended as Annexure

P-4 to justify the absence of the petitioner from

the Institute. Principal of the Institute had been

informed about the hardship faced by the petitioner.

The petitioner was allowed to take practical

examinations by respondent No.3, held w.e.f.

15.11.2008 to 17.11.2008.

The datesheet was circulated for the
CWP No.583 of 2009 [3]

theory examinations of 3rd Semester that commenced

w.e.f. 2.1.2009. When the petitioner wanted to

appear, he was not allowed to sit in examinations.

When the petitioner met the Principal of the

Institute, no reason was assigned, however,

subsequently the petitioner was informed that there

was shortage of lectures of the petitioner.

It is the case of the petitioner that

no prior notice was given to the petitioner that he

was falling short of lectures. The petitioner made a

representation (Annexure P-5). It transpires that he

had attended 67% lectures whereas the petitioner was

required to attend 80% of the delivered lectures for

theory and practical classes combined.

Learned counsel for the petitioner, in

view of his contentions, has cited judgment rendered

by Division Bench of this Court in Civil Writ Petition

No.10630 of 2008, titled ‘Suresh Parmar vs. State of Haryana &

Others’ decided on 3.9.2008.

Learned counsel for the respondent-

State says that because the rules allow the

respondents only to give benefit to the petitioner

to a limited extent, considering the rigours of the

rules, no further relief could be given to the

petitioner. The hardship faced by the petitioner,

however, has been admitted.

Learned counsel for the respondents

however, have not been able to distinguish the

judgment rendered in Suresh Parmar’s case (supra).

 CWP No.583 of 2009                                           [4]



                     I     have        considered         the      facts        and

circumstances        of     the        case.    When      the      facts        are

collectively considered, it becomes clear that the

petitioner was successful in Central Entrance

Examination scheduled for admission to the Course.

The petitioner had been a regular student and has

been able to clear 1st and 2nd Semesters also. The

respondents have not disputed the factum of ailment

of the petitioner, death of father of the petitioner

and consequent hardship faced by the family.

Clearly, the circumstances being faced by the

petitioner were unusually harsh and beyond control

of the petitioner. I am of the considered opinion

that the facts and circumstances of the case entitle

the petitioner to allow him to pursue his further

studies as bonafide endeavour of the petitioner to

pursue studies has been established.

                     By     virtue       of     interim         order       dated

16.1.2009,       the      petitioner           was   allowed          to     take

examination for the 3rd Semester. The petitioner has

already appeared. The ratio of the judgment

delivered in Suresh Parmar’s case (supra) also helps the

case of the petitioner.

In view of the above, the petitioner

is entitled to clemency and lenient approach.

The petition is allowed.


                     It    is     directed       that       the    petitioner

shall    be    allowed      to    continue       his      studies.         It    is

however       made   clear       that    the     petitioner           shall      be
 CWP No.583 of 2009                                  [5]



required     to      attend   the   classes   as   per    rules   and

regulations for the 4th Semesters onwards.



                                                     (AJAI LAMBA)
March 03, 2009                                          JUDGE
avin