NITIN PANT Vs. UNIVERSITY OF DELHI

JUDGEMENT

(1.) This writ petition has been filed by 25 students of Kirori Mal College, who have been denied permission to take the examination for the year 2001-02, commencing in April, 2002. Petitioners, 25 in number, are sportsmen, who took admission in the College, primarily on account of their excellence in their respective games. They happen to be sportsmen playing football, Hockey, Cricket and Chess etc..

(2.) Learned counsel for the petitioner, Mr.Rajiv Sharma made a very impassioned plea for a compassionate view in the matter. He submitted that sportsmen are initially were encouraged and lured to Join the college on account of their excellence in sports. Assurances are given to them that they need to concentrate on sports and undertaking to play gamea is also obtained, failing which disciplinary action is to be taken. The petitioners have brought laurels to the college.

(3.) Learned counsel for the petitioner submits that the sportsmen in pursuit of attaining excellence in their respective sports, of necessity, had to go for tournaments, training camps, coaching sessions, which resulted in their missing their classes. It was physically not possible for these petitioners to participate in the tournament, attend the coaching sessions and yet attend the lectures as required. He submits that college authorities despite being so enjoined, failed to abide by the UGC guide-lines in making available library facilities, classes at the camps, as contemplated to ensure that the sportsmen do not lag behind in studies. Learned counsel further submitted that all along in the past sportsmen have been permitted to take the examinations, irrespective of the shortfall in lectures at college. Petitioners were not forewarned that they would not be permitted to take the examination. The decision of the Staff Council of not permitting students, who have less than 25 per cent attendance was made known only now to the students. In fact, their roll numbers had been sent by the University, yet the admit cards are not being issued to them. Learned counsel submitted that the decision of the Staff Council is; contrary to and violative of the UGC guide-lines. UGC guide-lines contemplated credit being given to the petitioners and sportsmen for the time spent by 'them in sports tournaments. In the instant case, it has not been done. Further, the resolution is discriminatory, as it makes no distinction between sportsmen and non-sportsmen as both are clubbed together and required to have minimum attendance of 25 per cent. He submits that as per practice, most of the colleges were allowing students especially sportsmen to take the examinations.