AMANPREET KAUR Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) This petition seeks a direction to permit the petitioner to attend her Final Year Course of Nursing.

(2.) Case of the petitioner is that she took admission in the Nursing Course in Guru Ram Dass Institute of Nursing Education, Hoshiarpur. She studied for two years and when she was attending her Final Year Course, she was falsely implicated in FIR No. 33 dated 3.4.2006 under Sections 212/216/124-A/120-B IPC and remained in custody for three months. She could not attend her classes and fell short of lecturers. Allegation in the FIR was that one escapee from the Burail Jail, Chandigarh came in contact with her. She was not allowed to attend classes and was issued Show Cause Notice dated 23.8.2006, Annexure P-3 for taking disciplinary action on the allegation of unauthorised absence from College from 5.4.2006 to 8.8.2006. It was further alleged that she concealed material facts and submitted leave application on false ground. Later in the legal notice, it was disclosed that she was in jail. Her conduct in remaining on long unauthorised absence and concealing material facts and reasons for absence was an act of indiscipline/misconduct on her part. She filed CWP No. 15592 of 2006 which was disposed of on 28.9.2006 vide Annexure P-4 with a direction to take final decision on the alleged misconduct of the petitioner. The College dropped the Show Cause Notice as infructuous on 31.8.2006 vide Annexure P-5. It was held that since the petitioner did not attend 75% attendance in the Final year, she was disqualified from the course. She again sought permission for sitting in exam in March 2007 but vide letter dated 6.12.2006, Annexure P-8, she was not allowed to do so unless permitted by the Punjab Government.

(3.) Contention raised in the petition is that even if she was not eligible for appearing in examination in March 2007, she could not be debarred from attending her classes for the final year so as to appear in examination in the next year.