- (1.) Challenge in the present petition is to the order dated 12.10.2011 passed by the learned court below whereby the application for interim relief directing the respondent-university to declare provisional result of the petitioner, was dismissed.
(2.) Learned counsel for the petitioner submitted that the petitioner was wrongly restrained from appearing in the examination. He filed a civil suit in which interim order was passed in his favour permitting him to appear in examination. The result having been withheld by the university, the petitioner filed a fresh suit, where the interim relief to declare the result provisionally, was declined. The submission is that if the provisional result is not declared, the petitioner will not be able to take admission in any other course, thereby unnecessarily wasting his time. In case he looses in the litigation, the result can very well be cancelled. He further submitted that three other students, who were equally placed with the petitioner, filed Civil Writ Petition No. 11381 of 2011 Gurvir Singh and others vs Guru Nanak Dev University and others in this court praying for the same relief. Vide order dated 24.8.2011, this court had directed for declaration of result of the petitioners therein provisionally which shall not confer any equitable right upon them whether in fact or in law, however, the same shall be subject to the outcome of the civil suit pending before the learned court below.
(3.) On the other hand, learned counsels for the respondents submitted that once the first civil suit filed by the petitioner was pending, the second suit was barred in view of Section 10 CPC. This relief could be claimed in the first suit itself. The petitioner had been retained from taking examination as he attended merely 33% lectures as against the required 75%. However, he did not deny the fact that three of the similar situated students have been granted relief by this court in Gurvir Singh's case .;