IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
LPA No. 991 of 2009 (O&M)
Date of decision: 15.10.2009.
PEC University of Technology through its
Registrar, Sector 12, Chandigarh.
......Appellant
Vs.
Gursimar Iqbal Somal alias Gursimar Somal
...Respondent
CORAM:- HON'BLE MR.JUSTICE ADARSH KUMAR GOEL
HON'BLE MRS.JUSTICE DAYA CHAUDHARY
PRESENT: Mr.R.S.Bains, Advocate, for appellant.
Mr.Ashok Aggarwal, Sr. Advocate, with
Mr.Vikas Suri, Advocate, for Caveator-respondent.
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DAYA CHAUDHARY, J.
1. This appeal has been preferred against interim order granted by
the learned Single Judge allowing the respondent to be shifted from the
discipline of Electrical Engineering to the discipline of Information
Technology against one of the available seats.
2. The respondent is student of B.Tech (Electrical Engineering)
and was admitted for the academic Session 2008-09. He appeared in the
first semester examination conducted by the University. In 1st Semester
examination, he was awarded 8.38 Semester Grade Point Average (for
short,”SGPA”) whereas in 2nd Semester examination, he was awarded
SGPA 9.55. He applied for shifting of Branch from Electrical Engineering
to Information Technology, for which minimum SGPA required was 9,
whereas his SGPA was 8.98. His claim was declined by the University as he
LPA No. 991 of 2009 [2]
was not having the required SGPA, which was challenged by way of writ
petition on the ground that the formula of rounding up should be applied
and 4 seats are available in the Information Technology Branch. The
appellant-University contested his claim stating that he did not fulfil the
eligibility condition for change of Branch given in the Rules and
Procedures of University Grants Programs. Moreover, the writ petition was
highly belated as sessional assessment was already over and second
semester was due, as the semester ends in December 2009.
3. Learned Single Judge admitted the writ petition and interim
direction was issued to the University to permit the writ petitioner for
shifting from the discipline of Electrical Engineering to the discipline of
Information Technology against the vacant available seats.
4. The ground for challenging the interim direction is that the
respondent did not fulfil the eligibility condition for change of branch given
in Rules and Procedures of University Grant Programs. Only those students
whose SGPA is 9 are eligible to be considered for change of branch.
Moreover, the writ petition was filed belatedly as the semester
examination had already commenced on 31st July, 2009 and first sessional
assessment had already been over and the 2nd sessional examination was
due on 26th October, 2009.
5. We have heard learned counsel for the parties and also gone
through the order passed by the learned Single Judge.
6. The writ petition was filed at a very late stage as last date for
applying change of branch was 26.6.2009 for which a notice was also
displayed on the University board and much of his studies had already been
LPA No. 991 of 2009 [3]
completed and the examination of the 2nd Semester is likely to be
commenced in December 2009. The contention of the respondent for
rounding up of marks cannot be accepted as it is different from CGPA
which is based on the decision taken by the senate and that decision has not
been challenged by the respondent. The said decision of the senate is
reproduced as under:
” Minutes of 17th meeting of Senate of Punjab
Engineering College held on 17.11.2008 at 3.00
p.m. in the Conference Hall of Punjab
Engineering College, Chandigarh. Agenda No.
17.11 Any other item.
Calculation and Recording of Grade Point
Average(GPA) upto two decimal places.
Ever since the adoption of the grading system in
2005, we have been calculating and specifying
the SGPA of students on their grade sheets upto
one decimal place only. However, in certain
situations, where a merit list of the students is to
be prepared, a need is felt to have these
calculated up to two decimal place. For
instance,to decide the relative merit of students
for change of branch at the end of first year, the
CGPA had to be calculated kupto two decimal
places to resolve a tie between students having
LPA No. 991 of 2009 [4]
same CGPA up to one decimal place. Another
situation which may require such calculation,
could arise while deciding the award of gold
medal to a student for standing first in his/her
branch.
It is, therefore, proposed that the
SGPA and CGPA may henceforth be calculated
and reported up to two decimal place.
17.11. Calculation and recording of grade Point
average (GPA) up to two decimal
places….Accepted.”
7. Keeping in view the interest of the students and the University,
some time limit is to be fixed for changing from one branch to another and
all the students, including the respondent, were free to exercise their option
within the prescribed time limit. The respondent did not exercise his
option during that prescribed period. If he is allowed to change the branch,
then other students would like to change their branches and this practice
would continue and there would be no end to it. The decision taken by the
Senate is the decision of the experts and is based on the interest of the
students and the standard of education.
8. No doubt, we have sympathy and sentiment in our mind for the
career of the students but that cannot be a ground for passing an order in
relation thereto as the respondent has no legal right and much time has
already passed. Therefore, to pass an order in contravention of a statutory
LPA No. 991 of 2009 [5]
provision is not proper and justified. This view has been upheld by the
Hon’ble Supreme Court in Maruti Udyog Ltd v. Ram Lal & others
[2005] 2 SCC 638, wherein it was observed as under:
” While construing a statute, sympathy has no
role to play. This Court cannot interpret the
provisions of the said Act ignoring the binding
decisions of the Constitution Bench of this Court
only by way of sympathy to the workmen
concerned.”
In Latham v. Richard Johnson and Nephew Ltd [1911-13] All England
Law Reports Rep. page 117 also the following observation has been made:
“We must be very careful not to allow our
sympathy with the infant plaintiff to affect our
judgment. Sentiment is a dangerous will o’ the
wisp to take as a guide in the search for legal
principles.”
9. Keeping in view the above discussion, the appeal is allowed
and interim order passed by the learned Single Judge is vacated.
(DAYA CHAUDHARY)
JUDGE
(ADARSH KUMAR GOEL)
October 15, 2009 JUDGE
raghav