Judgment:-

Markandey Katju, J.

1. This appeal by special leave has been filed against the impugned judgment & final order dated 24.5.2007 of the Division Bench of the Delhi High Court in Letter Patent Appeal No. 22 of 2007. The learned Division Bench of the High Court dismissed the LPA by the following order:

"Heard. For the reasons that will follow separately, this appeal fails and is hereby dismissed with costs assessed at Rs. 5,000/-".

2. Subsequently, the reasons were given by the learned Division Bench which have been annexed to the counter affidavit filed in this appeal.

3. Heard Ms. Kamini Jaiswal, learned counsel for the appellant and Shri Lalit Bhasin, learned counsel for the respondent.

4. The fact-s of the case are that respondent Vaibhav Singh Chauhan (hereinafter referred to as the respondent) was admitted to Dr. Ambedekar Institute of Hotel Management, Nutrition & Catering Technology, Chandigarh in the academic session 2002-03 to undergo a degree course in Hospitality and Hotel Administration. He cleared all the subjects in the first and second year. Thereafter he appeared in the third and final year of the examination for the academic year 2004-05. On 19.4.2005 while