GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY Vs. NAINCY SAGAR

JUDGEMENT

(1.) The appellant, Guru Gobind Singh Indraprastha University (in short " GGSIPU "Ÿ) has filed the present appeal being aggrieved by the common judgment dated 31.10.2019, passed by the learned Single Judge, allowing two writ petitions, one filed by Naincy Sagar [W.P. (C) 10909/2019] and the other by Prateek Solanki [W.P. (C) 8697/2019], both enrolled in the B.A. LL.B/B.B.A.LL.B five years integrated course offered by the respondent No.2/Vivekananda Institute of Professional Studies (in short " VIPS "Ÿ), with a common prayer that they be promoted to the next semester, i.e. the 9 th semester, based on the credits obtained by them during the academic year 2018-19 and thereafter, be permitted to appear for the 8th semester end term examinations in the next even semester, i.e. the 10th semester, as supplementary papers.

(2.) By the impugned judgment, the learned Single Judge has allowed both the writ petitions with the following directions:-

(3.) Before proceeding to deal with the arguments advanced by both sides, it is necessary to recapitulate the necessary facts that have led both the respondents/students approach the court for relief. The respondents/students are pursuing a five year integrated LL.B course in the respondent No.2/VIPS. They had joined the said course in the academic year 2015-16. Each academic year comprises of two semesters. In each semester, the students are required to take examinations in six papers. Every paper has a credit rating of five. After clearing the first three academic years of the subject course, in other words, passing the 1st, 2nd, 3rd, 4th, 5th and 6th semesters, they were promoted to the fourth academic year that commenced in July, 2018 and comprises of the 7th and 8th semesters. The respondents cleared the 7th semester but they were detained in the 8th semester that commenced on 07.1.2019 and concluded on 31.5.2019. The reason for their detention in terms of a notice dated 22.4.2019, issued by the respondent No.2/VIPS was failure on their part to achieve the minimum attendance. Pertinently, the notice dated 22.4.2019, mentions the names of 20 other students, who were detained alongwith the respondents herein due to shortage of attendance. The fallout of the said decision taken by the appellant/GGSIPU is that the respondents/students will not be promoted to the 9th semester and it would be deemed that they have taken an academic break for the said year with permission to sit for the examination of the 8th semester with the next batch for the academic year and then go on to complete the five year integrated course of B.A. LL.B/B.B.A. LL.B. in a period of six years.