PUNEET SHARMA Vs. SHIVAJI COLLEGE

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioners seeking directions against the respondents to promote the petitioners to take and write the examination in as much as they were illegally and arbitrarily not permitted to take two of their examinations on 16th April, 2005 and 20th April, 2005. The facts giving rise to the present petition are within a narrow compass and are also not largely disputed.

(2.) BOTH the petitioners were admitted to the B.Com. (Honours) course being conducted by the Shivaji College (respondent No. 1 before this court) under the Delhi University (respondent No. 2 before this court) in the academic year 2003. Both the petitioners successfully completed their 1st year course and successfully took the examination and were thereafter promoted to the second year of the course. It is submitted that the petitioners deposited the annual fees for the second year on the 16th August, 2004. The requisite examination fee and forms for taking the second year B. Com. Examination were deposited on the 11th October, 2004.

(3.) SO far as the petitioner No. 2 is concerned, it has also been pointed out that on account of viral hepatitis, he was admitted to Saroj Hospital from the 16th October, 2004 to 20th October, 2004 and in the Srivastava Hospital from the 23rd October, 2004 to 26th October, 2004. The petitioner was medically advised bed rest for one month. The petitioner no. 2 is, thereafter, stated to have met with an accident when he fractured his temporal bone. He remained admitted in Maharaja Agarsen Hospital from 8th December, 2004 to 12th December, 2004 and in the Jaipur Golden Hospital from 14th December, 2004 to 18th December, 2004. Relevant medical records including discharge summaries have been placed on this record.