LAWS(DLH)-2007-4-238

DEEPTI Vs. VICE CHANCELLOR UNIVERSITY OF DELHI

Decided On April 20, 2007
DEEPTI; LAIMAYUM SEVANANDA SHARMA; DEEPAK NEHRU; SH RITESH; RAJESH MISHRA; VINAY KUMAR; JOGINDER SINGH; ROHIT KUMAR; VINEET SAURABH SRIVASTAVA; M LUCY ELZUNG; SYED WAQUAR HAIDER; BALRAM SINGH SIKAWER; MS USHA RANI Appellant
V/S
VICE CHANCELLOR UNIVERSITY OF DELHI; UNIVERSITY OF DELHI; PROFESSOR IN CHARGE Respondents

JUDGEMENT

(1.) These 13 writ petitions are taken up together as they raise common issues. The prayers sought in the petitions are also virtually identical. The petitioners are LL.B. (Bachelor of Laws) students at the Faculty of law, University of Delhi (hereinafter referred to as the "University"). They pray for orders quashing the decision of the Respondents detaining them from appearing in their 1st, 3rd and 5th semester examinations (as the case may be) of 2006, on account of their alleged failure to secure the minimum attendance required by the University. The petitioners further pray for issuance of writs of mandamus requiring the Respondents to properly comply with the University guidelines pertaining to attendance and participation in examinations.

(2.) By virtue of interim orders passed on different dates in different petitions, this court permitted several of the petitioners to appear in their respective semester examinations (and, in some cases in the remaining papers) held in December 2006 in order to prevent irreparable harm.

(3.) In these petitions, this Court is required to examine the petitioners' plea that the attendance requirement for qualification to take the examinations is to be construed on a yearly basis and not semester-wise. It was also contended that not having the minimum attendance in the 1st, 3rd and 5th semesters (as the case may be), does not preclude a student from proceeding to the next semester (viz. The 2nd, 4th or 6th, as the case may be). On behalf of the University the converse viewpoint was canvassed. It was urged by the learned counsel for the University that the attendance requirement is to be considered semester-wise and not annually. And, if the requirement is not met in the 1st, 3rd or 5th semester (as the case may be), the concerned student cannot take the semester examination and consequently cannot move on to the next semester (viz. The 2nd, 4th or 6th semester as the case may be).