!# CM-148- 1. The order dated imposed 2. Noti 3. Mr. of the petit only inten therefore, allowed an 4. Orde +,--+./0/1) 2* !"#$ !# !"#$ %& '"#$ (! "#$" ))))) %#&'%"'#() * -CWP-2025 The present application has been r dated 11.12.2024 whereby a penalty osed upon the respondent-university fo Notice in the application. Mr. Bhupinder Kumar Gupta, learne e petitioner accepts notice and very fa intends to pursue her studies and efore, the application filed by the r ed and the costs of Rs.10,000/- be wa Ordered accordingly. - 1 – +,--+./0/1) 2* ".3$#!#040//0/4 *+ #%#&'%"'# "#$" $" $" ", been filed for modification of the enalty of penalty of Rs.10,000/- was for non-filing of reply. learned counsel appearing on behalf very fairly submits that the petitioner s and is not after the money and, the respondent-university may be be waived off. – f the was ehalf ioner and, y be VINOD KUMAR 2025.02.11 09:30 I attest to the accuracy and integrity of this document Main case 1. In th she was ad no.4-colleg held by Thereafter and cleared personal n to go abro (Medical) respondent petitioner in the fina not allowe irregularity eligible to 2. The respondent petitioner otherwise any academ 3. Upo university 4. Lear the petitio 2022, she +,--+./0/1) 2* n case In the present petition, the grievance was admitted in B.Sc. (Medical) cours college and she appeared in the 1st sem by the respondent-university and reafter, the petitioner appeared in the cleared the same in May, 2018. Keep onal nature, the petitioner could not p o abroad but she came back and aga dical) course and was granted ad ondent no.4-college in 3rd semester ( ioner continued her studies but ultima e final semester examination, i.e. 6th allowed to appear in the same on the ularity in the admission of the petitio ble to appear in the 6th semester exami The petitioner has approached this ondent-university be directed to take ioner so that she is able to complete rwise her 8 years will go in vain and academic qualification. Upon notice of motion, replies have ersity and respondent no.4-college. Learned counsel for the responden petitioner left the course in the year , she could not have been granted ad - 2 – evance raised by the petitioner is that course in March 2017 in respondent semester examination which was y and passed the said semester. n the 2nd semester of B.Sc. (Medical) Keeping in view certain matters of not pursue the said course and had nd again sought admission in B.Sc. ted admission in June, 2022 by ester (2nd year) of the course. The ultimately, when she was to appear th semester examination, she was on the ground that there was some petitioner and, therefore, she is not examination. d this Court with a prayer that the take 6th semester examination of the mplete her B.Sc. (Medical) course, and she will be left with without s have been filed by the respondent- ondent-university submits that once year 2018 and came back in June ted admission in the 2nd year by the – s that dent was ster. ical) rs of had .Sc. by The pear was some s not t the f the urse, thout - once June y the VINOD KUMAR 2025.02.11 09:30 I attest to the accuracy and integrity of this document respondent the 1st sem be comple starting the therefore, semester e the petition concerned, 5. I hav the record 6. Even irregularity admission course, the she does n Further, it 6th semeste she has examinatio said 6th sem withheld b June 2022 studies are 7. The could not 2022 and +,--+./0/1) 2* ondent-college and she should have s semester. He further submits that th ompleted within a period of six years f ing the course in 2017 onwards, six y efore, the petitioner has rightly been n ester examination. He further submits petitioner in June 2022 in 2nd year wa erned, for which the respondent-unive I have heard learned counsel for the ecord with their able assistance. Even if it is assumed, for the sake o ularity, either on the part of the univer ission to the petitioner in June 2022 i se, the due care has to be taken for the does not suffer because of the fault of her, it is conceded that the petitioner h emester and also cleared all the exam has been stopped from appearin ination only, though she has already semester. When the petitioner wa held by her to secure admission befo 2022, she cannot be put into a situa are left without any fruit so as to pu The argument of the respondent-un d not be given in the 2nd year by res and the same has to be asked from th - 3 – have started the course afresh from that the B.Sc. (Medical) course is to years from the date of admission and , six years have already elapsed and, been not allowed to appear in the 6th ubmits that the admission granted to ar was wrongly done by the college university cannot be made liable. or the parties and have gone through sake of argument, that there was an university or the college, in granting 2022 in 2nd year of B.Sc. (Medical) for the welfare of the student so that ault of the university or the college. ioner has undergone her studies upto examinations upto 5th semester but pearing in the final/6th semester already studied during whole of the ner was not at fault and no fact was n before respondent no.4-college in a situation where her 8 years of her s to pursue her remaining life. university is that the admission by respondent no.4-college in June from the institution and not from the – from is to and and, th ed to llege ough as an nting ical) that lege. upto r but ester f the was in f her ssion June the VINOD KUMAR 2025.02.11 09:30 I attest to the accuracy and integrity of this document candidate the candid students ca 8. With the B.Sc. ( admission, it could be pace of oth needs to complete h case, the p six years B.Sc. (Med 9. Kee allowed to year May (Medical) petitioner and in cas grant her without rai 10. The 5 6#37 - - +,--+./0/1) 2* idate, especially when there is no mi candidate. On any irregularity on ents cannot be punished. With regard to the argument that a B.Sc. (Medical) course within a period ission, it is pertinent to notice that ther uld be a possibility that certain studen of other students during the said per s to be set off against time period plete her course and if this fact is m , the petitioner’s case could be brough years so that she can appear in the 6 . (Medical) course. Keeping in view of the above, ed to appear in the 6th semester exam May 2024 but in the next examinatio dical) course (even supplementary o ioner shall be allowed to appear in the in case the petitioner passes the sam t her the recognition of her qualifica out raising any further objection. The writ petition is disposed of in th 504(/0/4 -! . -+ / - 4 – no misrepresentation on the part of y on the part of the institute, the a student is required to complete period of six years from the date of at there was Covid-19 pandemic and students could not keep up with the id period, therefore, the said period period taken by the petitioner to is made applicable in the present rought within the required period of 6th semester examination of the ve, though the petitioner was not r examination when conducted in the ination of the 6th semester of B.Sc. tary or the main examination), the in the said 6th semester examination he same, further action be taken to alification, in accordance with law, f in the above said terms. ) !#%#&'%"'#* 3& 0 – rt of , the plete te of and h the eriod er to esent od of f the not n the .Sc. , the ation n to law, * VINOD KUMAR 2025.02.11 09:30 I attest to the accuracy and integrity of this document