ADITYA N PRASAD Vs. UNIVERSITY OF DELHI

JUDGEMENT

(1.) THE petitioner is pursuing LL.B three year course from the Faculty of Law, University of Delhi. He took admission in this course in July, 2009 after completing his degree course in BA (Hons.) History from Hans Raj College, University of Delhi.

(2.) THREE years LL.B course of Law Faculty, University of Delhi consists of six semesters, two semesters in each year. In each semester, there are five papers. For promotion to second year (3rd semester), it is incumbent for a student to pass at least five out of ten papers. Likewise for promotion to third year (5th semester), it is mandatory to clear 15 out of 20 papers. The petitioner had cleared more than five papers in the first year and, therefore, in July, 2010 he was promoted to second year. However, after taking 4th semester examination, he could pass only 13 out of 20 papers. Since his performance was below the desired eligibility prescribed, namely, passing of 15 out of 20 papers, the respondent authorities refused to give him admission in the third year (5th semester). We may point out at this stage that the Law Faculty also holds supplementary examination of 1st and 3rd semester in the months of July/August every year. However, chance to appear in such supplementary examinations is not given to first and second year students, but these supplementary examinations are available only for final year students. The petitioner perceived this as discriminatory. According to him, had he been given a chance to appear in the supplementary examination, he could have cleared some more papers which would have enabled him to pass at least 15 papers on the basis of which he could get promoted to third year. It is on this basis that the petitioner has filed the present petition with the following prayers:

(3.) MAIN emphasis is on prayer (d) above, namely, to allow the students to take/write supplementary examination in respect of papers missed/failed by such students and not restricting the opportunity of appearing in the supplementary examination only to final year students. It is submitted that in all other universities where such supplementary examinations are held, all students are permitted to appear. It is also submitted that this system was introduced on the basis of recommendation of the Committee headed by Justice V.S. Deshpande in the year 1989 and has outlived its utility and should not be treated as valid in today's scenario.