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Punjab High Court · body

2007 DIGILAW 1914 (PNJ)

Ujjwal Yadav v. Punjab Engineering College

2007-10-31

ADARSH KUMAR GOEL, AJAI LAMBA

body2007
Judgment 1. This petition seeks quashing of order dated 18.07.2007, Annexure P6 requiring the petitioner to repeat all the courses of two years though the petitioner had qualified First year. Further prayer is for quashing provisions of Rules 8.1 and 8.2 of Handbook of Rules supplied to the petitioner. 2. Case of the petitioner is that he was admitted to the Bachelor of Engineering Course in the year 2005-06. He qualified First year and after taking into account Summer Term Registration, Semester Grade Point Average (SGPA) earned by him was 5. Still, he was put on academic probation for one year. He preferred an appeal, which was accepted and he was registered in the Fourth semester subject to the condition mentioned in the order dated 15.01.2007, Annexure P.3. Thereafter, the petitioner was allowed to repeat all the courses offered during the first two years. He has been again asked to repeat the First year, though he had cleared the same. 3. In para 3 of the petition, the petitioner has explained that the Bachelor of Engineering course is for four years divided into eight semesters. Registration for each semester is as per Rule 5.2 of the Handbook. There is also a provision for Summer Term Registration in Rule 5.6. 4. Order passed in the case of the petitioner Annexrue P.6 is to the following effect "As per decision taken by the senate in its meeting held on 11.07.2007, you are given another chance to continue but you have to repeat all the courses offered during the first two years except those in which you have secured grade `C or above. You will be allowed to register for courses of 3rd year only when you have cleared all the courses of first two years. You will be required to maintain an SGPA of 4.5 or above in every semester for the rest of the programme (with an aim to obtain a CGPA of 5.0 or above to qualify for the BE degree) and will not get any further change if you do not fulfil the above criterion in any future semester. Remember that you have a maximum of four more years to complete the programme, starting from the Ist semester, since you have already spent two years." 5. Remember that you have a maximum of four more years to complete the programme, starting from the Ist semester, since you have already spent two years." 5. The grievance of the petitioner is that he had cleared first and second semesters and he was deficient only in the third semester and he could not be required to repeat the first semester. 6. In the reply filed, it has not been disputed that the petitioner has cleared first and second semesters as per the prescribed standard. However, it is stated that Summer Term is not taken into account for the evaluation. The relevant part of the reply is as under:- "It is important to state that the performance of a student is evaluated at the end of every regular semester and summer term is not taken into account for the said evaluation as the Summer Term is not a regular semester. Further, it needs to be emphasized that the summer term is only a limited facility provided to deficient students (i.e. students who have failed in certain courses) during summer vacation for removal of their backlogs." 7. We have heard learned counsel for the parties and perused the record. 8. Learned counsel for the petitioner has relied upon clarification issued by the department on 15.10.2007 in the case of another student Ashutosh Kumar, who had filed CWP No. 12148 of 2007, to the following effect :- "In continuation of the previous order dated 08.10.07 referred to above, it is clarified that the orders passed during the period of academic probation are applicable so long the student is on academic probation. As and when a student attains CGPA (Cumulative grade point average) of 5.0 or above, the probation ends and the conditions imposed on him during the period of academic probation, no longer apply." In view of above, it is clear that when a student attains CGPA (Cumulative Grade point Average) of 5.0 or above, his probation period ends and conditions impose during period of probation no longer apply. The petitioner having cleared Ist and 2nd Semesters as per prescribed standard cannot be required to repeat the same semesters. We, accordingly, allow this petition in above terms and direct that the petitioner be not required to repeat Ist and 2nd semesters. Petition allowed.