The University acted unlawfully by retroactively applying amended examination regulations, resulting in the wrongful failure of a student who met the passing criteria under the original rules.

JUDGMENT :

Jasgurpreet Singh Puri J.

1. The present petition has been filed under Articles 226/227 of the Constitution of India seeking issuance of a writ in the nature of certiorari/mandamus for quashing the result dated 20.10.2023 (Annexure P-5) whereby petitioner has been declared ‘fail’ by the respondent- University in B.A. LL.B. 6th Semester Paper-6 (c) Land Law and Rent Laws held in May 2023.

2. The brief facts of the present case are that the petitioner was a student of B.A. L.LB Integrated 5 years course in the University Institute of Legal Studies, Panjab University, Chandigarh. The petitioner took admission in the aforesaid course in the year 2016 which is a 05 years integrated course and which was to be finished in the year 2021. The 05 years course consists of 10 semesters. In one of the semesters which was the 6th Semester, the petitioner failed in one of the subjects namely ‘Land Law and Rent Laws’ which he had taken in the month of May 2019. Thereafter, he again appeared for the aforesaid paper as a re-appear candidate in the month of May 2023. However, the University has shown his status as fail in the aforesaid re-appear paper on the basis of scaling down his marks which he obtained in the examination.

3. Apart from the aforesaid paper of the subject of Land Law and Rent Laws, the petitioner is stated to have appeared in all the papers of all the semesters and the only aforesaid paper of 6th Semester is in dispute in the present case.

4. Learned counsel appearing for the petitioner submitted that when the petitioner took admission in respondent No. 3-University Institute of Legal Studies, Panjab University, Chandigarh, in the year 2016, he was governed by the Rules Regulating Admission and Promotion to B.A./B.Com. LL.B. (Hons.) 5 Years Integrated Course (1 to 10 Semesters) (hereinafter to be referred to as ‘Rules’). A photocopy of the same has been supplied to this Court by learned counsel for respondent-University and the same is taken on record as Mark ‘X’. While referring the aforesaid Rules which according to both the learned counsels for the parties are a part of the University Statute and are enforceable under the law, he referred to Rule 3 of the aforesaid Rules and submitted that it has been so provided therein that ‘to be declared pass in a semester examination, a student, must have obtained at least 45% marks in each paper respectively’ and it has been further provided that a student shall be considered as pass in a paper if he/she has secured 45% marks in internal assessment and theory paper jointly. He referred to Rule 4 of the aforesaid Rules in which it has been provided that each paper of all the 10 semesters is of 100 marks and out of this, maximum marks assigned for the theory paper shall be 60 and for the internal assessment shall be 40 marks (w.e.f. Academic Session 2016-17). He submitted that since the petitioner took admission in the Academic Session of 2016-17, the aforesaid criteria of 60:40 marks i.e. 60 marks for the theory paper and 40 marks for internal assessment was applicable to the petitioner and regarding which there is no dispute. He further referred to Rule 5 (iii) of the aforesaid Rules which provides that ‘reappear examination of both odd and even semesters shall be held with the regular examinations of each of the respective semesters’.

5. Learned counsel for the petitioner further submitted that in this way, for the petitioner who took admission in the academic session of 2016-17 admittedly the aforesaid Rules were applicable. He further submitted that, however, later on in the year 2022, the respondent- University undertook a process of amendment in the aforesaid Rules by addition and insertion of a new regulation i.e. Regulation no. 7 for the aforesaid course i.e. B.A./B.Com. LL.B. (Hons.) 5 Years Integrated Course and in this regard, he referred to Item No. 5 of Minutes of Meeting of the Senate which was held on 27.03.2022 wherein the agenda item No. 5 was put up with regard