Punjab and Haryana High Court slaps ₹1 lakh costs on Panjab University for failing law student

The Punjab and Haryana High Court recently imposed a fine of ₹1 lakh on Panjab University for wrongfully failing a law student in his 6th semester BA LLB examination..By an order passed on September 17, Justice Jasgurpreet Singh Puri ordered the university's Vice Chancellor to implement corrective measures within two months."Since the career of the petitioner has been affected because of wrongful action of the respondent-University, he is entitled for exemplary costs in the nature of compensation which are assessed as Rs.1,00,000 (rupees one lac only) which shall be paid by the respondent-University to the petitioner within a period of two months from today," the Court observed.The Court added that the university would be responsible for paying the amount, and the Vice Chancellor would have the discretion to recover it from any officials found guilty after a departmental inquiry..The Court passed the order on a plea by Rohan Rana, a BA LLB student at the University Institute of Legal Studies (UILS), Punjab who had challenged his law exam result.Rana alleged that, after failing the 'Land Law and Rent Laws' paper in the May 2019 exam, he re-appeared for it in May 2023. However, despite obtaining passing marks, the university lowered his score and declared him 'failed.'.Notably, when Rana enrolled in the academic session of 2016-17, the grading criteria were based on a 60:40 ratio, that is 60 per cent of marks were allocated for the theory paper and 40 per cent of marks were scored based on an internal assessment. 45 per cent was required to pass. However, in 2022, the regulations were amended retroactively from December 2018, changing the mark allocation ratio from 60:40 to 80:20. When Rana took the examination in May 2023, he earned 54 marks out of 80, thereby passing under the regulations that were in force in 2016. However, the university applied the amended regulations and scaled down his score from 54 out of 80 to 41 out of 60, resulting in him being declared 'failed.'.The Court questioned the university's decision and inquired whether there were any instructions or legal provisions that justified the scaling down of the student's marks.“The only answer which they have given to this Court is that it is a past practice and by virtue of the same, they have been converting the criteria/formula for assessment of marks of their own at the clerical and superintendent level but there is no instructions or any provision of law of University despite the fact that the petitioner was subjected to an examination paper in which the maximum marks as reproduced above were 80," the Court noted..The Court deemed the university's reasoning—that the student, having enrolled in the academic session of 2016 but appearing for the exam in May 2023, should be assessed under the 80:20 ratio instead of the 60:40 ratio—as perverse and completely unsustainable.“There is nothing on record nor it has been shown to the Court and rather it has been so stated by the officers who are present in the Court and learned counsel for the respondent-University that there is no formula designed and there is no law or source of power by which such a power was exercised by the examination department of the University,” the Court remarked..The Court further noted that the decision was arbitrary and based on whims, which adversely impacted the student's career.“If errors or illegal actions have been committed by the respondent-University, the same cannot be applied to the present case merely because the same is a past practice ... However, the same cannot be done only on the basis of precedents which ultimately deprives the rights of their own students,” the Court added.The Court thus set aside the challenged result and directed the university to process the grant of the student's degree.Advocate Vishal Gupta appeared for the student.Advocate Akshay Kumar Goel appeared for the Panjab University..[Read Order]