IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
LPA No.600 of 2009 (O&M)
Date of decision: 15.7.2009
Vickey Dahiya
-----Appellant
Vs.
M.D.University, Rohtak and another
Respondent
CORAM:- HON'BLE MR JUSTICE ADARSH KUMAR GOEL
HON'BLE MRS. JUSTICE DAYA CHAUDHARY
Present:- Mr. Nitesh Bhardwaj, Advocate for the appellant.
Adarsh Kumar Goel,J.
1. This appeal has been preferred against judgment of learned
Single Judge dated 27.5.2009, dismissing the writ petition, challenging
cancellation of his admission and striking off his name from the
College rolls.
2. The appellant took admission to BDS in the year 2005-06
and failed to pass examination of First Year within three years as
required. He also did not attend the requisite number of lecturers. On
that account, his name was struck off from the college rolls and his
admission was cancelled in accordance with the rules and regulations
applicable.
LPA No.600 of 2009 (O&M) 2
3. The above action was challenged. Learned Single Judge
held that there was no ground to interfere, as it was not disputed that
the case of the appellant was covered by the provision of Clause 3.5 of
the BDS Ordinance, providing for striking off name from college rolls
for absence for more than 15 days at a stretch. Case of the appellant
was also covered under Clause 3.1, which required attendance of 75%
of lectures, which condition had not been fulfilled by the appellant.
4. We have heard learned counsel for the appellant.
5. Only contention raised is that the appellant should have
been given one more chance to take examination under the un-amended
regulation.
6. It having not been disputed that the appellant was not
eligible having not attended the requisite number of lectures and having
not passed the examination of First Year within three years, there is no
ground for interference with the view taken by the learned Single
Judge.
7. The appeal is dismissed.
(Adarsh Kumar Goel)
Judge
July 15, 2009 (Daya Chaudhary)
'gs' Judge