HEMANT GUPTA,J. - (1.) THIS order shall dispose of aforementioned two appeals i.e. LPA Nos.1658 of 2012 and 1662 of 2012, preferred by Jitin Gupta and Jugav respectively, who invoked the jurisdiction of this Court by filing CWP Nos. 14080 of 2012 and 12796 of 2012. Jugav, the appellant in LPA No.1662 of 2012, was admitted in B- Tech. course by Guru Nanak Dev University, Amritsar (for short 'the University') in July, 2011. The University has Credit Based Continuous Evaluation Grading system. Appellant Jugav got Semester Grade Point Average (SGPA) of 4.07 in the first semester and could not qualify in one subject. In the second semester, he got SGPA of 4.86 and could not qualify in two subjects. The aggregate SGPA of two semesters is 4.46. On the other hand, Jitin Gupta ­ appellant in LPA No.1658 of 2012 got SGPA of 4.95 but could not qualify in three subjects in the first semester, whereas in second semester, he got SGPA of 4.40 but could not qualify in three subjects. The overall CGPA of Jitin Gupta ­ appellant being 4.40.
(2.) BEFORE we consider the issues in respect of the attendance of the Summer Term Course and the admission in third semester, relevant provisions of the Credit Based Continuous Evaluation Grading System, a copy of which is appended as Annexure P-1, need to be extracted. The same are as under: "1. Semester System The academic programmes shall be based on semester system: Autumn semester; July to December · Spring semester; January to June · Summer term: The summer vacation period intervening the two semesters may also be utilized for offering courses to make up deficiency of students during their previous year of study. Further, that only those courses shall be offered in which the minimum number of students is Five, and that fee shall be charged for summer term courses separately. Summer term may also be utilized to offer pre-Ph.D. courses. 7. Grading System 'Course' means a semester/summer term course Credit Courses Academic performance Grade Grade Percent score in Points absolute marking system Outstanding A+ 10 81-100 Excellent A 9 As per bunching system Very Good B+ 8 Good (Average) B 7 Fair C+ 6 Marginal C 5 Deficient D 4 Poor E 2 21 to 30 Very Poor F 0 0 to 20 (a) A student (except for Ph.D. and PG level courses in Sports Medicine and Physiotherapy) shall be required to maintain a minimum of 4.5 CGPA at the end of the even semester of each academic session. If his/her CGPA falls below 4.5 at the end of second semester of any year, the student will be declared as having failed in that year and will have to seek readmission to the first semester of that year. (b) A student getting 'E' or lower Grade in any course will be treated as having failed in that course. If he/she fails in a core course, he/she will have to repeat the core course and if he/she fails in elective/interdisciplinary course, he/she will have the option to repeat the same course or opt a different elective/interdisciplinary course in the same category with the approval of the Board of Control, and will have to obtain at least 'D' Grade in that course within the maximum period defined to complete the degree for that course. (c) If a student maintains CGPA of 4.5 at the end of the second semester of the session, but falls in a maximum of two courses during the two semesters of that year, he/she will be promoted to the next year. However, he/she will be required to clear these courses during the summer term or subsequent semesters within the duration of the maximum period specified to complete the degree. (d) If a student maintains CGPA of 4.5 at the end of the second semester of the session, but fails in three or more courses during all the preceding semesters taken together, at the end of the session including summer term, he/she will be declared as having failed in that year and will have to seek readmission to the first semester of that year. xxx xxx xxx 14. Summer Terms Courses: (a) A student can opt for a maximum of two summer term courses to clear the courses in which he/she has failed. The Grade obtained in repeated course/courses shall replace the original Grade and the SGPA/CGPA shall be calculated accordingly." The arguments raised before the learned Single Bench are that the appellants are entitled to admission in the Summer Term Course to make up the deficiencies, whereas the appellants have not been permitted to appear in the Summer Term Courses for the reason that Cumulative Grade Point Average is less than 4.5 and that the appellants have not qualified more than two subjects, therefore, they cannot be permitted to attend Summer Term Course. On the other hand, the stand of the University is that a student can be promoted to third semester only if he/she has CGPA of 4.5 and has passed all subjects except two or less than two subjects for which he/she can make up deficiency either by attending the course in Summer or the normal semester. The learned Single Judge returned a finding that only those students can be permitted to attend the Summer Term Course, who have maintained CGPA of 4.5 and have not failed in more than two subjects. The learned Single Judge, however, has given benefit to those students, who were admitted in the Summer Course by the University even if their CGPA was either less than 4.5 or have not qualified in more than two subjects.
(3.) WE have heard learned counsel for the parties at length and find that that the issue is to be examined from the point of view of attending Summer Term Course to qualify in the subjects in which a student have obtained Grade 'E' & 'F' i.e. fail and also the conditions in which a student is eligible for promotion to third semester. In our considered opinion, the attending of Summer Term Course is a distinct right given to a student than the right for promotion to third semester. We find that the expression 'Course' has been used synonymously with the subject and also the complete semester. Such expression has been used at different places of the Rules in a different context. Therefore, the expression 'Course' has to be given contextual meaning where-ever such expression appears. Clause 14 of Annexure P-1, as reproduced above, confers an independent right permitting a student to opt for a maximum of two summer term courses that is the courses other than the regular semester i.e. autumn semester; July to December & spring semester; January to June. Such Summer Term Course is not restricted to two subjects in which a student has not qualified. Such clause permits a student to appear in the Summer Term Course in more than two subjects, as Clause 14 does not put any restriction in the number of subjects in which a student can appear. Such right to appear in Summer Term Course is available to a candidate twice in a Course of four years. However, Clause 7 (a), (b), (c) & (d) deal with eligibility conditions for admission to third semester. As per the Table, reproduced above, a student, who is graded 'E' & 'F' is declared fail in that subject. As per Clause 7 (a), a student would be qualified if he has maintained a minimum of 4.5 CGPA at the end of even semester of each academic session otherwise, he will have to seek readmission to the first semester of that year. But if a student maintains CGPA of 4.5 at the end of second semester, but fails in maximum of two subjects during two semesters of that year, he is eligible for promotion to the next year. Thus, for admission in the next year, a student has to have CGPA of 4.5, but if he fails to qualify in less than two subjects, he can be promoted to the next semester. In view of the above, both the appellants herein have failed to maintain CGPA of 4.5 at the end of second semester and, thus, have been rightly declined admission to third semester. Therefore, none of the appellant satisfies the conditions of Clause 7(c) to make them for admission to third semester.;