SURBHI GUPTA Vs. GGSIP UNIVERSITY AND ORS.

JUDGEMENT

(1.) THE petitioner, a student of second semester of BA LLB (Hons.) course of the respondent University and having been found by the University to be short of attendance, along with another student filed W.P. No. 3163/2010 for being permitted to take the second semester end term examination commencing from 10th May, 2010 and also seeking a mandamus commanding the University to upon her so clearing the examination promote her to the third semester and allow her to attend the classes thereof. This Court vide order dated 11th May, 2010 in the said writ petition directed the respondent University to issue the necessary admit card to the petitioner to appear in the second semester end -term examination, subject to the final decision of the petition and on condition that the same shall not create any equities in favour of the petitioner. The petitioner being dissatisfied with the conduct of the earlier writ petition by her co -petitioner, on 19th August, 2010 was permitted to withdraw from W.P.(C) No. 3163/2010 and to institute the present petition.

(2.) THE respondent University had refused to issue admit card to the petitioner for the examination aforesaid for the reason of the petitioner failing to meet the prescribed attendance criteria. It is the case of the respondent University that as per its Rules and Regulations, the petitioner was required to have 75% attendance but had only 51.5% attendance.

(3.) THE respondent University in its counter affidavit has stated that the petitioner attended 148 out of 287 lectures held leading to the percentage of classes attended being 51.5%; it is admitted that the petitioner has participated in extra -curricular activities but it is stated that the maximum benefit thereof i.e. 30 attendance can be given to the petitioner and which benefit also if given takes the attendance of the petitioner to 62% only which also would fall short of the requirement of 75%. It is further pleaded that the Vice -chancellor has the discretion to waive attendance in appropriate cases only up to 5% and the petitioner having short fall in attendance of much more has been rightly detained.