IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 23.09.2025 Ayush Vashisth ….Petitioner Versus State of Punjab and others ….Respondents CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI Present: Mr. Varun Aryan Sharma, Advocate, for the petitioner.

Dr. Dharminder S. Lamba, Additional A.G., Punjab.

Mr. R. Kartikea, Advocate, and Ms. R. Akanksha, Advocate, for respondent No.2.

Mr. Deepinder Singh Walia, Advocate, for respondent No.3.

Ms. Mona Yadav, Advocate, for Mr. Ranjit Singh Kalra, Advocate, for respondent No.4.

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KULDEEP TIWARI, J. (Oral)

1. The petitioner, who is pursuing Bachelor of Ayurvedic Medicine and Surgery Course (BAMS), with respondent No.3-College, which is affiliated to respondent No.2-University, has approached this Court by filing the instant writ petition, under Article 226 of the Constitution of India, as he was not allowed to take 4^th/final year examinations, which were scheduled for June, 2025, by the respondent No.3. Further, a prayer is made for issuance of a Mandamus upon respondents No.2 and 3, to provide a one-time golden chance, to enable the petitioner to appear in the 4^th/final year examinations.

2. A Coordinate Bench of this Court, while issuing notice of motion on 30.07.2025, had drawn the hereinafter extracted order:-

“Learned counsel for the petitioner submits that the petitioner was prevented from appearing in the 4th year final examination, which was held in the month of June, 2025 by the respondents without giving any valid reasons and justification, hence the petitioner be given another chance to appear in the said examination so that the study which the petitioner has already undertaken should not go wasted and petitioner’s degree will be not delayed.

Notice of motion.

Mr. TPS Chawla, Sr. DAG, Punjab, accepts notice on behalf of the respondent-State.

Mr. R. Kartikeya, accepts notice on behalf of the respondents-University and submits that the Secretary of the respondent No. 3- college concerned has been called so that he can explain as to why the petitioner has not been allowed to appear in the 4th year final examination which was held in the month of June, 2025 despite the fact that roll number for the said examination was duly sent to the petitioner, but as of now, no response has been received from the College.

Respondent No. 3-College is directed to file a specific affidavit to the extent that inspite of issuance of roll number to him , why the petitioner was not allowed to appear in the 4th year final examination, which exam was held in the month of June, 2025 alongwith the ground taken by respondent No. 3-college for seeking ‘no objection certificate’ from the petitioner as well as the reason for denying the said ‘no objection certificate’, so that the appropriate order in the present petition can be passed.

Adjourned to 11.09.2025 to await service of other respondents.”

3. In pursuance of the order (supra), Mr. Deepinder Singh Walia, Advocate, has caused appearance on behalf of contesting respondent No.3, and filed a written statement, which is taken on record. A copy thereof has also been supplied to the learned counsel for the petitioner.

4. At the outset, he submits that the petitioner was having less than 75% attendance, and was also required to deposit the tuition fee. Accordingly, the petitioner was directed to submit an undertaking/sworn- in-affidavit that he would deposit the entire fee, and also for claiming relaxation in 75% attendance. However, instead of adhering to the abovesaid condition, he filed a complaint with respondent No.2- University, which, in turn, directed the respondent-College to allow the petitioner to take the examinations, vide communication dated 19.06.2025 (Annexure R-3/6). In compliance thereto, the respondent College, on the very next date, intimated the petitioner that he was allowed to appear in the examinations. However, he did not opt to take the examinations, and therefore, he is not entitled to agitate the matter, at this stage.

5. Learned c