G.S.SANDHAWALIA J. - (1.) THIS order shall dispose of CWP Nos.11912 and 15064 of 2013, involving common questions of facts and law. However, to dictate orders, facts have been taken from CWP No.11912 of 2013 titled Bharat Kumar Vs. Pandit Bhagwat Dayal Sharma University of Health Sciences, Rohtak & others.
(2.) CHALLENGE in the present writ petition is to the order dated 08.02.2013 (Annexure P6), whereby the result of the Bachelor of Physiotherapy, final year annual examination, held in August, 2012 (hereinafter, referred to as the 'course') was quashed in terms of Clause 26(iii) of the Ordinance No.2 General Rules for examinations by the respondent -University. The case of the petitioner is that he had taken admission in the course in the Jan Nayak Ch.Devi Lal Vidya Peeth, Sirsa, University of Health Sciences, Rohtak. He had studied for 3 years in the said college. Since the affiliation of the said college was cancelled by the respondent -University, he had migrated to the respondent No.2 -College at Panchkula, under the same registration number. He continued to study in the said college and appeared in the final 4th year examination in the month of August -September, 2012. His result was declared on the website and he was issued a certificate dated 09.10.2012 whereby no objection certificate was issued by the respondent No.2 - College for doing his internship. The petitioner, along with other students of the College started doing his physiotherapy internship with the Government Medical College Hospital, Chandigarh. He deposited the necessary fees and was asked to join on 12.11.2012. The said internship was completed on 11.05.2013 and the work and conduct of the petitioner remained good during the said period. In the meantime, the impugned order came to be passed on 08.02.2013. Legal notice was issued on 08.03.2013, asking the University to withdraw the said order which was replied on 28.03.2013 and the defence taken by the University was that the petitioner had appeared in the 3rd year examination in December, 2011 and the result was declared on 23.02.2012 and he did not complete one academic year, as required under Clause 8 -A of the Ordinance. The college had wrongly sent the examination forms and the fees of the petitioner and he was not eligible and provisional admit cards were inadvertently issued by the R&A Branch. Clause 26(iii) provided that the Vice Chancellor had power to quash the result after it had been declared. Resultantly, the present writ petition was filed.
(3.) THE defence taken in the written statement filed by the respondents is primarily that the petitioner was not enrolled for one academic year, preceding the examination and therefore, was not eligible. There was a mistake in accepting his examination fees and forms, without verifying the eligibility and the mistake was rectified and accordingly, his result was quashed.;