SHAMPA TIKAIT Vs. JAMIA MILLIA ISLAMIA

JUDGEMENT

(1.) The Petitioners in this Petition are students of Jamia Millia Islamia University, New Delhi (Respondent No.1 herein). They seek a writ, direction or order from this Court to direct the Respondents to promote them to the third year of LLB ( Bachelor of Law) Course. The admitted facts are that the petitioners appeared in the second year Annual Examinations in the year 2002 and their results which were declared on 30th July, 2002 were as under:- <FRM>JUDGEMENT_67_ILRDLH12_2003Html1.htm</FRM>

(2.) From the above it is clear that all the three petitioners have failed in less than three papers. It is also clear that all of them have obtained aggregate marks which are less than 50%. In this fact situation the question that faces me is whether the petitioners are entitled to promotion to the Third Year LLB Course or not? The answer to this question would depend upon the interpretation of the Clauses of the University Ordinance of 31st July, 1998 of Respondent No.1 University. The relevant Clauses of the Ordinance are set out hereinbelow:-

(3.) It is upon an interpretation of the aforesaid Clauses and in particular Clauses 6(a) and 6(c) that the answer to the question lies. According to the petitioners, Clause 6(c) is the only clause that is to be considered insofar as promotion is concerned. It is their contention that upon a plain reading of the said clause 6(c) a candidate may be promoted from the Second Year to the Third Year provided that he/she does not fail in more than three papers/courses of the First and Second Year taken together. It is the admitted position of the parties that none of the petitioners have failed in more than three papers/courses of the First and Second Year taken together. Therefore, it is contended on behalf of the petitioners that they are eligible for promotion and ought to have been promoted.