3 Jan 2023 11:13 AM GMT
The Delhi High Court has refused to grant any interim relief to a third year law student, who was debarred from appearing in V-semester examinations by Campus Law Centre, Delhi University."The father of the Petitioner, who is present during the hearing, has expressed his dismay and urges the Court to take a lenient view considering the fact that the decision of the University would...
The Delhi High Court has refused to grant any interim relief to a third year law student, who was debarred from appearing in V-semester examinations by Campus Law Centre, Delhi University.
"The father of the Petitioner, who is present during the hearing, has expressed his dismay and urges the Court to take a lenient view considering the fact that the decision of the University would prolong Petitioner’s course and result in wastage of six precious months. The Court, however, remains unconvinced as the Petitioner has attended classes sporadically throughout the semester, and the minimum attendance criteria is a requirement which cannot be glossed over," said the court.
A vacation bench of Justice Sanjeev Narula issued notice on the law student’s plea seeking deletion of his name from the detention lists dated December 30 and 31, 2022 and permission to appear in the V semester examination commencing from January 3 to 14, 2023.
It was the petitioner’s case that he had fractured his hand on November 4, 2022 while playing football and was advised complete bed rest from November 16 to December 16, 2022 due to which he could not meet the minimum attendance criteria for appearing in the V semester examination. However, his explanation was not considered by the University and he was debarred from attending the exams.
The counsel appearing for the varsity, on instructions, apprised the court that the petitioner’s attendance was only 46.94% as against minimum requirement of 70%. He added that even if the student is given benefit of one month period for which he was purportedly recommended to take bed rest, he would get benefit of 40 lectures which would still be falling short of the minimum requirement.
The court in the order noted that the medical document produced by the student was issued on December 30, 2022. "However, whether there was indeed such medical advice given is not discernible from the medical prescriptions of the same doctor (Dr. Dhir) dated 15th November, 2022 and 07th December, 2022. Mr. Gahlaut [petitioner's counsel] is also unable to point out any document advising “bed rest” except for the above ex-post facto certificate," said the court.
Noting that the petitioner had attended only 123 out of 262 lectures, Justice Narula observed that the medical ground also is of no avail to him.
The court also observed that as per a decision of a coordinate bench in Guru Gobind Singh Indraprastha University v. Naincy Sagar and Anr, the attendance of a minimum percentage of classes prescribed in professional courses such as LL.B. is non-negotiable.
“Importance of attending lectures for imbibing the syllabus/curriculum in a given semester, the most efficient way of learning, must be underscored. Further, Mr. Gaulaut has submitted that minimum number of classes, as required by Bar Council of India, have not been held by the University. This remains a lone submission sans any reference in the plaint and unsubstantiated by any document shown to the Court. University shall deal with the same in the counter affidavit,” the court said while denying interim relief.
The matter will now be heard on February 17.
Title: ARJUN ANAND v. UNIVERSITY OF DELHI & ORS.
Citation: 2023 LiveLaw (Del) 4
Click Here To Read Order