E-Paper
Punjab and Haryana HC reverses ₹1L compensation to Panjab University student
Court observes for the candidate to claim the benefit, the Panjab University student needed to qualify for the prerequisite condition
A Punjab and Haryana high court division bench has reversed an order on ₹1 lakh compensation to a Panjab University (PU) student that had been imposed by a single judge bench in February 2021.
The high court bench of justice GS Sandhawalia and justice Harpreet Kaur Jeewan also said the varsity would raise a demand of the fee, from the eighth semester onwards, within a week and the student would be issued the final degree on deposit of the balance fee.
The female student from University Institute of Legal Studies (UILS) had approached the high court for grant of the EWS scholarship, to quash the “arbitrary orders” of the respondent, grant stay against the termination of the internship programme and to set aside the orders of the institute director denying her the right of scholarship.
The student had argued that she could not appear in an exam due to a medical condition and it was wrong on the part of the university to treat her case as compartment candidate for 6th semester and stop benefits of EWS scholarship.
The single judge bench had ruled in her favour and also ordered compensation, which the varsity could have recovered from the erring officials.
The division bench, however, said if the benefit was to be taken, “...it does not lie in the mouth of the student to say that the rule has to be read in a particular manner and it would not apply if the exam had not been given”.
The court said the brochure/prospectus for the course being undertaken by her carried a force of law, as held time and again by the courts. The guidelines as such provided that the freeship was to be continued in the years in which the student passes the previous exam. “...once a concession is being accepted and taken, which is an exception to the general rule, it has to be strictly applied. Therefore, it would not lie in the mouth of the candidate to claim the benefit without qualifying for the prerequisite condition which had been prescribed (for availing the same),” it said.
The court also took note of the fact that after the student missed her exam due to “illness”, she did not avail two special chances given subsequently.
