Amandeep Singh vs State of Punjab & others

Tejinder Singh Dhindsa, J.

Petitioner has assailed the order dated 31.07.2018 (Annexure P-6) in terms of which the respondent/Guru Nanak Dev University, Amritsar has

declined his request for an extra chance for completion of LL.B. Degree (Five Year Integrated Course).

Brief facts which are not in dispute may be noticed at the outset. Petitioner is a student of St. Soldier Law College, Jalandhar and which is affiliated to

Guru Nank Dev University, Amritsar. He took admission in the 5th Semester (Five Year Integrated Law Course) in the year 2011 as a regular

student. Petitioner had cleared his examinations upto the 8th Semester but had failed to clear the paper of Public International Law in 3rd Semester

and paper of Law of Crimes-I in the 5th Semester. After taking due permission, petitioner appeared in the afore noticed two papers in December,

2017 and cleared the same upon declaration of result in April, 2018. Against such backdrop, petitioner repeatedly approached the respondent/Guru

Nank Dev University to permit him to appear in the LL.B. (Five Year Integrated Course) in the 9th and 10th Semesters Examinations so as to

complete his LL.B. Degree. Such request stands declined vide impugned order dated 31.07.2018 (Annexure P-6) and which has led to the filing of the

instant writ petition.

I have heard counsel representing the petitioner as also counsel representing the contesting respondent No.2/Guru Nanak Dev University, Amritsar at

length. Pleadings on record have also been perused.

The impugned decision contained in the order dated 31.07.2018 (Annexure P-6) is sought to be justified on the ground that as per relevant ordinance

contained in the Guru Nanak Dev University Calender 2008, Volume III, a candidate is to complete his degree within 7 years from the date of joining

the first Semester of LL.B. (Five Year Integrated Course). Counsel representing the respondent/University submits that the petitioner was admitted in

the 1st Semester Course in question in the year 2011 and as such, the maximum period for completion of the degree was upto the May, 2018. Since

the maximum period stipulated under the ordinance had elapsed, a decision had been taken by the Competent Authority to deny to the petitioner any

further chance to appear in the 9th and 10th Semester Examinations.

In the considered view of this Court, the decision taken by the University is highly inequitable and cannot sustain.

The admitted position is that the petitioner had failed to negotiate the paper of Public International Law in 3rd Semester i.e. in December, 2012 and

thereafter the paper of Law of Crimes-I in the 5th Semester i.e. in December, 2013. In the written statement filed by the respondent/University, it has

been clearly stated that the petitioner was given 'special chance' to re-appear in his papers of 3rd and 5th Semesters and in which he so appeared and

cleared both the papers and the result of which was declared in April, 2018. There is also no denial to the categoric averments made on behalf of the

petitioner that the 'special chance' to clear the papers of 3rd and 5th Semesters was granted by the University upon charging a fee amount of

Rs.50,000/- (Rs.25,000/- for each paper) and which had been duly deposited by the petitioner.

Petitioner has placed reliance upon the UGC guidelines on the subject of 'Determination of a Uniform Span period within which a student may be

allowed to qualify for a Degree'. Guideline No.2 thereof reads in the following terms:

“2. A student who for whatever reason is not able to complete the programme within the normal period or the minimum duration prescribed for the

programme, may be allowed two years period beyond the normal period to clear the backlog to be qualified for the degree. The general formula,

therefore, should be as follows:

a) Time Span = N + 2 years for the completion of programme where N stands for the normal or minimum duration prescribed for completion of the

program.

b) In exception, circumstances a further extension of one more year may be granted. The exceptional circumstances be spelt out clearly by the

relevant statutory body concerned of the university.â€​

The respondent/University in the reply does not dispute the contents or applicability of such guidelines. As per guideline No.2, a student is to be

permitted a two years period beyond the normal period prescribed for a particular course to clear the backlog so as to qualify for the degree. Under

guideline No.2 (b), a further extension of one year is envisaged and the same to be granted for exceptional circumstances to be spelt out by the

University.

Facts of the instant case are peculiar. Petitioner had not cleared the paper of Public International Law of 3rd Semester in December, 2012. Likewise,

he had not cleared the paper of Law of Crimes-I of the 5th Semester in December, 2013. The respondent/Guru Nanak Dev University by way of a

conscious decision had granted a 'special chance' to the petitioner to clear the afore noticed two papers by permitting him to appear in December,

2017. At that stage, a heavy amount of Rs.50,000/- had been charged from him. Concededly petitioner has cleared both the papers as per result

declared in April, 2018. Clearly, a 'special chance' afforded to the petitioner to sit in the two examinations in December, 2017 in relation to two papers

not cleared in December, 2012 and December, 2013 respectively would be construed towards affording a chance to facilitate the petitioner to

complete the LL.B. (Five Year Integrated Course). Having initiated such process and the petitioner having shown positive results, it would not be

open for the University now to leave him in a lurch and to deny him the benefit of the further extension of one year beyond the normal span of 7 years

and as envisaged under guideline No.2(b) of the UGC guidelines. The afore noticed peculiar facts and circumstances would have qualified to fall

within the expression 'exceptional circumstances' as per guideline 2(b) of the UGC guidelines and for the University to have granted in favour of the

petitioner an extension of one more year to complete his degree. On the other hand, respondent/University has completely ignored such aspect and

has rejected the request of the petitioner by passing a cryptic non-speaking order dated 31.07.2018 (Annexure P-6). This Court would have no

hesitation in holding the action of the respondent/University to be unfair and inequitable.

For the reasons recorded above, writ petition is allowed. Impugned order dated 31.07.2018 (Annexure P-6) is set aside. Directions are issued to the

respondent/Guru Nanak Dev University to take necessary steps forthwith so as to afford to the petitioner a further extension of one year for him to

complete his LL.B. Degree and by participating in the 9th and 10th Semester Examinations of the LL.B. (Five Years Integrated Course).

Petition is allowed.