Kawaljit Kaur v. State Of Punjab, And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of decision: 22.08.2025 Kawaljit Kaur .... Petitioner Vs.

State of Punjab and others .... Respondents CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI

Present:

Ms. Neha Bindal, Advocate, for Mr. Satbir Singh Gill, Advocate, for the petitioner.

Mr. Sahil R. Bakshi, AAG, Punjab.

KULDEEP TIWARI, J (Oral) 1.

On 07.08.2025, this Court had passed the order, extracted hereinafter below:- "1. The petitioner, a first year student of D.EL.ED (Diploma in Elementary Education), for the Session 2023-2025, is studying with respondent No.4. The final examinations were scheduled to be held between 17.03.2025 to 16.04.2025. The petitioner was issued roll number as per the rules, and she was required to clear six papers out of nine, in her first year final examinations, in order to be promoted in the subsequent year of the said diploma. The petitioner has appeared in five examinations, i.e. first three and the last two, out of total nine examinations. The petitioner could not appear in between four scheduled examinations, on account of the fact that she suffered labour pain and was blessed with a girl child, on 27.03.2025.

On account of the fact that the petitioner was blessed with motherhood, and she could not appear in four examinations, as a result of which, she has to now appear afresh in all the examinations, whereas, the petitioner has cleared all the above five examinations, and has secured more than 80% marks in three examinations.

petitioner has approached this Court, under Article 226/227 of the Constitution of India, seeking mandamus, upon the respondents, to give a special chance to the petitioner, to appear in supplementary examination in which she failed to appear.

2. Notice of motion.

3. Dr. Dharminder Singh Lamba, Addl. AG, Punjab, accepts notice on behalf of the respondents No.1 to 3, and waives service.

4. Notice be issued to respondent No.4, returnable for 18.08.2025, subject to furnishing of requisite process fee by the learned counsel for the petitioner.

5. Dasti as well.

6. Prima facie this Court is of the considered view that since the petitioner has been blessed with a child, therefore, her case ought to be considered on sympathetic grounds for granting her a special chance to appear in supplementary examinations.

7. The respondents are directed to apprise this Court, on the aforesaid issue, on the next date of hearing, after having apt instructions from the quarter concerned.

8. List this matter on the date fixed, in the urgent list.

9. No further request for adjournment on behalf of the respondents would be entertained.

10. In the meanwhile, the petitioner is provisionally granted the permission to join the Teaching Practice Session 2023-2025 (2nd Year), held by the respondent No.4."

2.

Today, learned State counsel has placed on record a copy of the order dated 19.08.2025, wherethrough, the competent authority has taken a decision to allow the petitioner, on compassionate ground, to appear in the four remaining papers in the regular first year examination, and also provisionally allowed to continue with the Teaching Practice for the 2nd year (Session 2023-25). The relevant part of the order is extracted hereinafter below:-

"In view of the interim order dated 07.08.2025 passed by the Hon'ble Punjab and Haryana High Court in CWP No.22867 of 2025, titled Kawaljit Kaur vs. State of Punjab & Others, and keeping in view the extraordinary circumstances wherein the petitioner could not appear in four of her first-year D.E1.Ed. examinations (Subject Code 105, 106, 109 and 108) due to the birth of her child, it is hereby ordered that Ms. Kawaljit Kaur, a first-year student of D.E1.Ed. (Session 2023-25), be granted a special opportunity to appear in the fur remaining papers in the regular 1st year examination. She is also provisionally allowed to continue with the Teaching Practice for the 2nd Year (Session 2023-25). This decision has been taken purely on compassionate grounds and as per the directions of the Hon'ble Court. It is further clarified that this order is being issued in exceptional circumstances and shall not be treated as a precedent for any future case."

3.

In view of the above, the grievance of the petitioner has been addressed and therefore, the instant petition is rendered infructuous. 4.

Disposed of, accordingly.

(KULDEEP TIWARI) JUDGE 22.08.2025 deepak Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No