NISHANT GUPTA Vs. UNIVERSITY OF DELHI AND ANR

JUDGEMENT

(1.) Rule. With the consent of counsel for the parties, present petition is set down for final hearing and disposal.

(2.) Petitioner was admitted to the respondent no.2 college in B.Sc. (Hons.) Maths, regular degree course. As the petitioner could not pass the exam, he applied for re-admission as a regular student of 1 st year of B.Sc. (Hons.) Maths but the petitioner was not admitted as a regular student of 1 st year of B.Sc. (Hons) Maths; and petitioner studied as an ex-student in the 1 st year of the course and passed all the papers of the 1 st year of B.Sc.(Hons.) Maths. Thereafter petitioner was re-admitted to the 2 nd year of B.Sc. (Hons.) Maths as a regular student. The admission ticket for appearing in the B.Sc. (Hons.) Maths Part-II (2 nd year) Examination was issued to the petitioner by the respondent, college. It is the case of the petitioner that petitioner appeared in the three papers of 2 nd year on 7.5.2012, 11.5.2012 and 15.5.2012 the petitioner perused the Notice Board of the respondent no.2, college and found a list displaying names of the nine students, who were detained from appearing in the Annual /Semester Examination 2012 on account of shortage of attendance. The name of the petitioner was not mentioned. Thereafter petitioner appeared in the 3 rd paper. Thereafter respondent no.2, college displayed another list showing only one name i.e. of the petitioner detaining him from appearing in the Annual/ Semester Examination 2012 on account of shortage of attendance in the course of B.Sc. (Hons.) Maths 2 nd year. Thereafter petitioner approached respondent no.2, college and enquired as to why his name had been displayed on notice dated 17.05.2012 and that too after when he has already attempted three papers. No satisfactory response was received. The petitioner was, however, detained from appearing in the Examination on account of shortage of attendance in the course B.Sc. (Hons.) Maths 2 nd year.

(3.) Counsel for the petitioners submits that the petitioner was found short of attendance, whereas he was never given any warning regarding the shortage of attendance during the whole session of 2011-12 and the respondent no.2, college had already issued Admission Ticket permitting him to appear in the annual examination for 2 nd year. Counsel for the petitioner submits that the action of the respondent no.1 is illegal and arbitrary.