NISHANT GUPTA Vs. UNIVERSITY OF DELHI

JUDGEMENT

(1.) This intra court appeal impugns the judgment dated 19 th October, 2012 of the learned Single Judge of dismissal of W.P.(C) No.3121/2012 preferred by the appellant. Counsels for the respondent No.1 University and respondent No.2 Dayal Singh College appear on advance notice and we have with consent heard the appeal finally.

(2.) The appellant was in July, 2009 admitted to the first year of the B.Sc. (Honours), Maths course in the respondent No.2 College affiliated to the respondent No.1 University. Though, at the end of the said year i.e. in 2010, he did not have the requisite minimum attendance but was, in accordance with the Statute/Ordinances of the University, on furnishing an undertaking to make up the deficiency in attendance in the next year, permitted to take the examination for promotion to the second year of the said three years course. The appellant, however, failed in the said examination and took readmission in the first year of the course as an ex-student and again took the first year end term examinations in the year 2011, which he cleared and became a second year student of the said course and became eligible to appear in the examination held in March-May-2012 for promotion from the second to the third year.

(3.) It appears that the time gap between the date when the classes of the second year ended and the commencement of the examination was very short, not enough for the College to compute whether the students fulfilled the requisite minimum attendance criteria or not. It is the stand of the College that since admit cards for the examination were to be issued by the University, to save time, it requisitioned the admit card for all the students and issued the same to the students, subject to an undertaking that the same were provisional and in the event of their not fulfilling the attendance criteria, they would not be eligible to take the examination on the basis of the said admit cards. After the appellant had appeared in three examinations, the respondent No.2 College realized that he had in the second year, attended only 278 out of 455 classes and the aggregate of his attendance of the first year (as a regular student) and of the second year was 44.24% only.