IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision:05.02.2025 Nidhi Garg ...Petitioner Versus Panjab University and others …Respondents Coram: Hon’ble Mr. Justice Harsimran Singh Sethi Present: Mr. Bhupinder Kumar Gupta, Advocate, for the petitioner.

Mr. Shubham Thakur, Advocate, for respondent nos.1 to 3.

Mr. Harshit Khanna, Advocate, and Mr. Iknoor Singh, Advocate, for respondent no.4.

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Harsimran Singh Sethi, J. (Oral)

CM-148-CWP-2025

1. The present application has been filed for modification of the order dated 11.12.2024 whereby a penalty of penalty of Rs.10,000/- was imposed upon the respondent-university for non-filing of reply.

2. Notice in the application.

3. Mr. Bhupinder Kumar Gupta, learned counsel appearing on behalf of the petitioner accepts notice and very fairly submits that the petitioner only intends to pursue her studies and is not after the money and, therefore, the application filed by the respondent-university may be allowed and the costs of Rs.10,000/- be waived off.

4. Ordered accordingly.

Main case

1. In the present petition, the grievance raised by the petitioner is that she was admitted in B.Sc. (Medical) course in March 2017 in respondent no.4-college and she appeared in the 1^st semester examination which was held by the respondent-university and passed the said semester. Thereafter, the petitioner appeared in the 2^nd semester of B.Sc. (Medical) and cleared the same in May, 2018. Keeping in view certain matters of personal nature, the petitioner could not pursue the said course and had to go abroad but she came back and again sought admission in B.Sc. (Medical) course and was granted admission in June, 2022 by respondent no.4-college in 3^rd semester (2^nd year) of the course. The petitioner continued her studies but ultimately, when she was to appear in the final semester examination, i.e. 6^th semester examination, she was not allowed to appear in the same on the ground that there was some irregularity in the admission of the petitioner and, therefore, she is not eligible to appear in the 6^th semester examination.

2. The petitioner has approached this Court with a prayer that the respondent-university be directed to take 6^th semester examination of the petitioner so that she is able to complete her B.Sc. (Medical) course, otherwise her 8 years will go in vain and she will be left with without any academic qualification.

3. Upon notice of motion, replies have been filed by the respondent-

university and respondent no.4-college.

4. Learned counsel for the respondent-university submits that once the petitioner left the course in the year 2018 and came back in June 2022, she could not have been granted admission in the 2^nd year by the respondent-college and she should have started the course afresh from the 1^st semester. He further submits that the B.Sc. (Medical) course is to be completed within a period of six years from the date of admission and starting the course in 2017 onwards, six years have already elapsed and, therefore, the petitioner has rightly been not allowed to appear in the 6^th semester examination. He further submits that the admission granted to the petitioner in June 2022 in 2^nd year was wrongly done by the college concerned, for which the respondent-university cannot be made liable.

5. I have heard learned counsel for the parties and have gone through the record with their able assistance.

6. Even if it is assumed, for the sake of argument, that there was an irregularity, either on the part of the university or the college, in granting admission to the petitioner in June 2022 in 2^nd year of B.Sc. (Medical) course, the due care has to be taken for the welfare of the student so that she does not suffer because of the fault of the university or the college. Further, it is conceded that the petitioner has undergone her studies upto 6^th semester and also cleared all the examinations upto 5^th semester but she has been stopped from appearing in the final/6^th semester examination only