SHUBHI KHANDELWAL Vs. UNIVERSITY OF DELHI

JUDGEMENT

(1.) This appeal is directed against the order of the learned Single Judge dated 11.11.1997 passed in C.W.P. No. 1662/97. The brief facts which are necessary to dispose of this appeal are recapitulated as under :

(2.) The appellant, a student of 2nd year B.A. Honours (Philosophy) in the Indraprastha College for Women, fell short of attendance by 3 percent i.e. 11 lectures over the entire year. She was not permitted to appear in the examination by the respondents because of the shortage of her attendance. The undisputed facts are that for the last about four years, she has been suffering from mental seizure disorders. She received the treatment for tuberculosis of the brain as well as for neurocysticereosis (worm infestations in the brain). The appellant is currently on antiepileptic treatment for the last about two years. She suffered the last episode of seizure in the month of November, 1996 when her dose of the medicines had to be increased to control further seizure. On account of the aforesaid seizure disorder she was advised complete bed rest from 27.11.1996 to 21.12.1996. The appellant has been undergoing treatment at the Department of Medicine at Moolchand Hospital, New Delhi. A large number of medical documents have been placed on record to substantiate the plea that for the last four years, she has been suffering from the aforesaid disease.

(3.) According to Mr. Vipin Sanghi, learned Counsel for the appellant, she was not permitted to appear in the examination because of the shortage of 3 percent attendance despite her suffering from the serious ailment primarily on the ground that there has been delay of about two weeks in filing the application alongwith the medical certificate. The appellant made a number of representations and her last representation was dated 21.4.97. Despite a number of representations, the appellant was not permitted to appear in the examination. Ultimately she was compelled to approach this Court. The writ petition filed by the appellant (petitioner therein) came up for admission hearing on 23.4.1997. The learned Single Judge issued a show cause notice in the writ petition and also directed the respondents to permit the appellant to appear in B.A. Honours (Philosophy) second year examination from 23.4.97. The appellant had filed an application C.M.6157/97 with the prayer that her result of B.A. Honours (Philosophy) second year course be declared and she should be permitted to take admission to the B.A. Honours (Philosophy) third year course. The appellant also specifically prayed that she be permitted to attend the classes for the third year course pending disposal of the writ petition.