HIMESH RANA Vs. UNIVERSITY OF DELHI

JUDGEMENT

(1.) The petitioner is a student of Bachelor of Ayurvedic Medicine & Surgery Course in A & U Tibbia College (respondent no.2) owned and controlled by the Govt. of NCT of Delhi (respondent no.3) and affiliated to the respondent no.1 University of Delhi. The course undertaken by the petitioner is of five and half years duration and consists of three professional examinations held at intervals of one and half year and internship training of twelve months thereafter.

(2.) The first professional examination comprising of six papers was to be undertaken by the petitioner in January, 2009. Though the roll number and admit card was issued by the respondent no.1 University to the petitioner but the respondent no.2 College ordered detention of the petitioner in four out of the aforesaid six papers for the reason of shortage in attendance. The petitioner could thus appear in two examinations only.

(3.) The respondent no.2 College has in its counter affidavit stated that a student who has not so appeared in examination owing to short attendance is entitled to appear in supplementary examination, provided such student has 50% attendance at the time of supplementary examination and which is counted from past 18 months. No Rule in this regard is cited. It was expressly enquire from counsel for respondent no.2 College whether there is any Rule to this effect. The answer is in the negative.