Ms. Renu Sharma vs Punjab University

Ashok Bhan, J.—Petitioners after passing her Pre-University examination took admission id B.Sc. home Science (three years degree Course) at Chandigarh, in April 198 she took, her examination for B Sc. 1st year. Result for that examination was declared in July 1986 and she was declared fail She applied for reevaluation of the result. Result of re-evaluation, was declared oh 10-2-1987 and petitioner was declared as having passed the examination

In July 1987 petitioner took admission in the-IInd year of B.Sc. Horns Science In, April 1988. petitioner took-examination for the find year of which .the result was declared in July 1988. Petitioner was placed under compartment in the subject of Applied Physics. In all other subjects, she had passed the examination. In-July 19-88. petitioner took: admission in B. sc IIIrd year provisionally i.e. subject to her clearing the.-, compartment in-Applied Physics in the IInd year. Petitioner ''appeared in the supplementary examination in her compartment subject of Applied Physics. Result of the supplementary examination was declared on 22,-(sic)-1988 and she. again failed in the examination In November 1988, she applied again for re evaluation of the paper attempted in supplementary examination on September 1988. Result of re-evaluation of the, supplementary examination was declared on 24-6-1989 and she again failed.

In April 1989, petitioner appeared in B.Sc. IIIrd year (final) examination as well as in. the .compartment paper of Applied Physics for the llnd year. Petitioner''s result for compartment in the subject of Applied Physics was declared on 7-7-1989 and she was declared fail. Result of B. Sc. llIrd year-was with-held as per the result gazette published on July 21, 1989 because, the petitioner had failed in B. Sc. IInd year compartment examination. The ''Petitioner applied for re evaluation of compartment paper in Applied Physics of B. Sc. Ilnd year the result of which was declared on-7-7-l989- The result of re evaluation was, declared on: 21-2t.1990; in-which she was declared as having ''failed since the petitioner had failed .in tier compartment paper for Ilnd. year, her result for B. Sc. IInd year was with-held and not declared. Relevant Regulations 101 and 102 of Panjab University Calendar Vol. II, 1988 are reproduced below :-.

"101. A candidate, who obtains 40 per cent, of the .aggregate marks for the examination, but fails in one subject obtaining not less than 25 percent marks may the permitted to .appear in that subject at the next supplementary examination to be held in August of same year, and if she passes in .the subject she shall be deemed to have passed the examination."

"102. A candidate to "whom this concession is granted :shall be eligible to join the next higher class provisionally but if she fails; to qualify ins the compartment subject in the supplementary examination, she shall be permitted, to appear again in that subject along with the examination for the-next part in- the next annual examination and. if she fails to qualify in the compartment subject even at the-second attempt her result of Part II and Part III, as the case may be shall be cancelled For the compartment subject of the. next annual examination she may appear as a regular student-or as private candidate."

A perusal of these regulations would show that if a candidate who obtains 40 percent of the aggregate marks for the "examination but fails in one subject obtaining not less than 25 per cent marks, he/she is permitted to appear in that subject at the next supplementary examination to be held later in the same year and if he/she passes in the subject, it would be deemed as if a candidate has passed the examination. A candidate is further permitted to join the next higher c lass provisionally but if he/she fails to qualify in the compartment subject in the supplementary examination then he/she is permitted to appear again in that subject alongwith the examination of the next annual examination and if she/he fails to quality in the compartment subject even at the second attempt, his/her result of Part II or Part III, as the case may be has to be cancelled and then he or shi has to appear as a regular or as a private candidate. Petitioner had availed of the maximum number of chances for clearing her compartment in B. Sc. Ilnd year in the subject Applied Physics Under the regulations, her result for B. Sc. Part Ilnd and Part IIIrd had to be cancelled.

Petitioner applied to the Controller of Examinations for availing of an extra chance to clear the compartment subject in Applied Physics on the ground that she was made to loose one year unnecessarily because her result of re-evaluation for B. Sc. 1st year was declared on 10-2-1987 because by the time the result of re-evaluation was declared in the month of February, 1987, complete session was over and the petitioner could .not get admission or appear in the 8. Sc. Ilnd year examination which she would have otherwise been entitled to appear. The second ground taken was that she had applied for reevaluation of the compartment paper on 27-(sic)-1989 and her result was declared on 21-2-1990 again after a delay of nearly seven months which his resulted in great hardship. This prayer of the petitioner was declined by the Controller of Examinations in March 1990 Petitioner has filed the present writ petition praying therein that a writ of mandamus be issued to the University directing it allow the petitioner to take the examination of B. Sc. Ilnd year in the subject of Applied Physics by giving her a special chance.

Learned counsel for the petitioner has argued that the petitioner case was a case of great hardship. University slept over the matter and made no efforts to declare the results of re-evaluation for the 1st year at an early date and the same was declared on 10-2-1987 in which she was declared to have passed bee in the bargain the petitioner had not been able to get admission in B Sc. IInd year as by the time result of re-evaluation was declared in the month of February 1987, complete session was over and as such the petitioner could not appear or get admission in B. Sc. Ilnd year which she otherwise would have been entitled to.

As against this, the submission of learned counsel for the University is that the re-evaluation of answer books the candidates is a time consuming process and involves a nuns her of steps and though vigorous efforts are made by the office to declare the result of re-evaluation of all the candidates as soon as (sic) the sometimes delay is inevitable. Under the rules no limitation provided within which the University is duty bound to declare the result. Rule 12 of Panjab University Calendar Vol. III, 1985, provides that if as a result of re-evaluation a candidate passes at the examination he/ she shall be eligible to seek admission to the next (sic) class within ten days of the communication of re evaluation result to him/her. His/her attendance shall be counted them the date admission. Result of petitioner pertaining to B. Sc. 1st year was (sic) on 10.2.1987 are the petitioner could seek, admission to tie text higher class within ten days of the communication of re-evaluation of tie result to her and her attendance would have been counted from the date of admission Petitioner did not avail of this facility and she behalf has to be blamed for loosing one year at the time when the took admission in B Sc IInd year in April 1988. She could have sought admission under Rule 12 (supra) of the Panjab University Calendar Vol. 1II, 1985. by 20-2-1987. His second submission is that under Regulations 101 and 102 of Panjab University Calendar Vol 11, 1988, no extre/special chance can be granted to a candidate even on compassionate grounds for clearing an examination.

I rind force in the submission of learned counsel appearing for the respondent. Petitioner did not loose an academic year because of an fault of the University. Even if there vas some delay on the part of the University in not declaring the result of re-evaluation for B. Sc 1st year examination promptly, the petitioner could not be given a special chance to clear her compartment examination in the next year that is B. Sc. Ilnd year. Petitioner under Rule 12 of Panjab University Calendar Vol. Ill, 1985, would seek admission to the next higher class within ten days of the communication of the result to her. She did not avail of that chance aid as such she is to Named for that. Under Regulations 10.1 and 10.2 of Panjab University Calendar Vol. II, 1988, there is no provision for the grant of additional/special chance for clearing an examination. The Controller of Examinations was justified in declining the request of the petitioner for availing of extra chance in clearing the compartmental examination of B. Sc. Ilnd year is the subject of Applied Physics.

The Learned counsel for the petitioner then argued that petitioner be given a special chance on compassionate grounds to clear her compartment paper in Applied Physics in B.Sc IInd year. as according to him the petitioner has already cleared B.Sc. IIIrd year examination Learned counsel appearing for the University has stated that the result 1 for the B.Sc., IIIrd year (Final) has been with held and the same has not been declared. He has further stated that he has no knowledge as to whether the petitioner has failed or passed in B. Sc. Illrd year examination. I have considered this submission of the learned counsel for the petitioner. I am not inclined to issue writ of mandamus or any other writ for the grant of any special addition chance to the petitioner under the facts and circumstances of this case as I do not find any special equity in her favour.

For the forgoing reasons, this writ petition fails and is dismissed with no order as to costs.