SRISHTI GUPTA Vs. AMITY UNIVERSITY

JUDGEMENT

(1.) The petitioner before this Court is a student of respondent no.1 Amity University. The Attendance Rules of the University expect a student to have 100% attendance. The relaxation upto a maxium of 25%, however, can allowed by the Head of the Institution / Head of Department in a case of sickness or some other valid reasons beyond the control of the student. A student whose attendance is less than 75%, however, is not permitted to appear in the End- Semester Examination. In special circumstances, the Vice-Chancellor of the University can condone the attendance upto 5% below 75% on the recommendation of the Head of Department.

(2.) The petitioner before this Court could not attend classes for the period from 4.9.2012 to 12.10.2012 in the Third Semester of the B.Sc. (Hons.) Bio-Technology Course though for the rest of the period, her attendance is alleged to be 90%. On 19.11.2012, the petitioner was informed that she has been detained and will not be issued Admit Card for the Third Semester commencing 20.11.2012. She is, therefore, before this Court seeking the following reliefs:

(3.) Admittedly, the respondent no.1 Amity University was set up by an Act passed by the Uttar Pradesh Legislature, known as Amity University Uttar Pradesh Act, 2005. Therefore, the respondent no.1 is now a statutory body capable of suing and being sued. As far as respondent no.2 is concerned, it is a society which had initially sponsored Amity University, but since the university is now a statutory body, managing its own affairs, the respondent no.1 is neither a necessary nor a proper party to the writ petition. The name of respondent no.2 is, therefore, deleted from the array of respondents.