S.D. Anand, J. - (1.) Conceded facts in the first instance. The petitioner, a B.A. Part II student on the rolls of respondent No.2 -Institution, was scheduled to appear at the final examination at Centre Samana. While she did appear in the three papers (Computer Practical, Computer Application -A and Punjabi Compulsory) on 26.03.2007, 02.04.2007 and 12.04.2007 respectively, she had to opt out of the remaining papers (Computer Application -B, English Compulsory, Economics -A, English Literature -A, Economics -B and English Literature -B) as she fell ill on account of chicken pox. Her representation, recommended by respondent No.2, for being allowed to appear at the supplementary examination was declined by respondent No.1 vide letter dated 02.05.2007 (Annexure P -1).
(2.) As culled out from the pleadings of the parties, the moot question which falls for determination is whether a candidate who had to opt out of some papers of the annual examination on account of illness can appear at the supplementary examination or not.
(3.) The plea advocated on behalf of the petitioner is that the petitioner is entitled to appear at the supplementary examination (in the left out papers) on the authority of Clause 6 of Chapter XVIII ("Conduct of Examinations") of the 1987 Calendar of the University. The relevant provision, from which sustenance is drawn by the petitioner, is reproduced as under: 1 to 5 xxx xxx xxx 6. If a candidate is unable to appear in or to complete the examination owing to: (i) serious illness or accident to himself during examination days; or (ii) the death of a near relative within 3 weeks of actual date of examination, on producing death certificate may be given another opportunity of passing the examination by the Vice -Chancellor if he is satisfied by the evidence produced that the concession applied for is justified. Such a candidate may, on his recovery, in the case of illness/accident, be examined, at his option, in the subsequent examination, on payment of the prescribed fee, in the paper/s which he missed. The candidate shall be intimated free of charge, as to whether he has obtained the minimum pass marks or not in the paper or papers, in which he had appeared: Provided that the concession envisaged in the Ordinance may also be given in the case of candidate who is taken seriously ill in the examination and is unable to complete the examination on his producing medical certificate of illness and on the recommendations of the Centre Superintendent concerned; provided that the Vice -Chancellor is satisfied on the basis of evidence produced that the concession applied for is justified. It is understood that in such cases the Centre Superintendent shall send the answer -book of the candidate as stray case making concrete recommendations on the merit of the case indicating time at which the candidate was taken ill in the centre and number of questions attempted by the candidate by that time.;