YASHWANT KUMAR N BHAMBHANI Vs. UNIVERSITY OF DELHI

JUDGEMENT

(1.) The appellant has filed this appeal against the judgment of the High Court of delhi in Writ Petition No. 3456/1995. The appellant was a student in the Master of finance and Control Course of the Delhi university for the period 1994-96. The first semester examination of Part I was conducted in 1994. The second semester of part I was conducted in April-May, 1995. By the middle of July, 1995, the appellant started attending the Course of Part II. In fact, on 24.7.1995, the 2nd respondent displayed a notice of list of promotees of Part i in which the name of the appellant was included as one of the promotees from part I to Part II. On 27.7.1995, the appellant deposited the tuition fees for Part II.

(2.) But in August, 1995, the mark sheet/ statement of tabulated marks was given to the appellant. It shows that the appellant had not completed four examinations in Part I. Therefore, the appellant was asked to discontinue Part II Course. This was in August, 1995. Thereafter, the appellant applied for revaluation in the four examinations in which he was shown to have failed. Inasmuch as the appellant did not receive any reply thereto, he filed the writ petition.

(3.) Various questions were debated in the high Court. Firstly, whether while demoting the appellant from Part II to Part I course, the principles of natural justice were violated, whether there was a specific rule providing for observance of principles of natural justice and whether there was a provision for revaluation, and even if there was a provision of revaluation, whether the same was extended to professional Courses and whether the Course in which the appellant was studying, could be described as a Professional Course