DEEPA MANN Vs. DILIP KR BANDYOPADHYAY

JUDGEMENT

(1.) THE petitioner is a student of Bachelor of Occupation Therapy in delhi Institute of Rural Development. The petitioner has cleared her first year, after passing in one subject in the supplementary examination held in October, 2007.

(2.) THE petitioner had appeared in examination of the second year but failed in one subject. The petitioner appeared in the supplementary examination in November, 2008 but did not again clear the said subject. The petitioner seeks relaxation of the eligibility requirement for being promoted to the third year. In the petition, it is alleged that nine students who had failed in one subject were promoted, subject to their clearing the said paper along with the papers for the next year.

(3.) LEARNED counsel for the respondent University, who has appeared on advance notice, points out that the earlier ordinance did not provide for detaining a student in case he fails in any subject. In these circumstances, till academic year 2007-08, students who had failed in one subject were given provisional promotion and allowed to attend classes and lectures for the next academic year provided they cleared the said paper in the next academic year. However, in January, 2007 a new ordinance was notified and Clause 15 (g) of the said Ordinacne is as under:-