- (1.) The petitioner is a student of J.D. Institute of Management and Technology, Bathinda, respondent No. 3, affiliated with Punjab Technical University, Jalandhar, respondent No. 2, in the course of Bachelor of Computer Application. He had been admitted in the said course in the year 2000. The duration of the aforesaid course is three years. The petitioner completed his studies of three years in May, 2003 but could not pass some subjects. As per the University ordinance 23(IV), he could clear the reappear subjects in the next 1-1/2 years i.e. in a total period of 4-1/2 years from the date of his admission, upto December, 2004. In these circumstances, the petitioner was permitted to take his re-appear chances in the examination held in December, 2004 but at that point of time he was found involved in an unfair means case (UMC). The UMC Committee found him guilty and cancelled his result for December, 2004/January 2005 examination and disqualified him from appearing in any examination for a period of next two semesters. The petitioner never challenged the aforesaid order dated February 8,2005 passed by the UMC Committee.
(2.) However, he wanted to appear in the examination which was to be held in December, 2005 and consequently submitted his examination fee on October 31,2005 along with the application form. The petitioner was not permitted to appear in the aforesaid examination nor the roll number for the said examination was issued to him. It is, in these circumstances, that the petitioner has approached this Court through the present petition. Vide an interim order dated December 9,2005, the respondent- University was directed to issue a roll number to the petitioner and allow him to provisionally appear in the examination to be conducted in December, 2005. However, it was directed that the result of the petitioner shall be retained in a sealed cover and shall not be declared except on an express order passed by this Court.
(3.) The claim of the petitioner has been contested by the respondent-University. In the written statement filed on behalf of respondents No. 1 and 2, it has been maintained that the duration of the BCA Course in which the petitioner had taken admission in the year 2000 is three years and the maximum duration allowed to pass/complete the said course is 4-1/2 years, as per the University Regulations. The respondents have maintained that since the petitioner was permitted to take re-appear chances in December ,2004, in which examination he was found involved in an unfair mean case, therefore, his result for December, 2004/January, 2005 was cancelled and he was disqualified from appearing in any examination for a period of next two semesters.;