Aatisha v. University of Delhi & Anr

RAJIV SAHAI ENDLAW, J. OCTOBER 14, 2015 bs/gsr.

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 14th October, 2015. + W.P.(C) No.6550/2015 & CM No.11923/2015 (for directions) AATISHA ..... Petitioner Through: Mr. D.N. Goburdhan, Mr. Balaindu Shekhar, Mr. Vivake Jaiswal and Ms. Somya Rathore, Advs. Versus UNIVERSITY OF DELHI & ANR ..... Respondents Through: Mr. Amit Bansal, Ms. Seema Dolo and Mr. Akhil Kulshrestha, Advs. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW 1. The petition, (i) impugns the Guidelines of the respondents No.1&2 University of Delhi which debar the third year students of Vth and VIth Semester of Bachelor of Arts (BA) (Honours) Undergraduate Programmes from giving their Supplementary Examination of Essential Repeat; (ii) seeks a direction to the respondents University to conduct the Vth and VIth Semester Essential Repeat examination and declare the result of Undergraduate BA Programme students on or before 30th September of each year; (iii) impugns the amendment vide Notification dated 14th June, 2010 to Ordinance VIII to the Delhi University Act, 1922 pertaining to Supplementary Examination in Undergraduate Courses for Vth and VIth Semester as arbitrary, unreasonable and violative of Articles 14 & 21 of the Constitution of India; (iv) seeks a direction for Supplementary Examinations to be taken in the same academic year for the final year students of BA (Honours); (v) seeks a direction to the respondents University to conduct Vth and VIth Semester Supplementary examinations and declare results of the same before October of the same year, so that the Degree of BA (Honours) is given to the students who give the Supplementary Examinations in the same year; and, (vi) seeks a direction that the Degree awarded to such BA (Honours) students to relate back to the same academic year. 2. The petition accompanied with an application for interim relief directing the respondents University to conduct and hold Supplementary Examination for Vth / VIth Semesters and declare the result of the same by 30th September, 2015 came up first before this Court on 10th July, 2015 and after a couple of adjournments came up for admission on 17th July, 2015. However, the counsel for the petitioner, after some arguments on that date stated that he is not pressing the petition for the relief for the year 2015 and desired the petition to be decided after a counter affidavit is filed. On the contention of the counsel for the petitioner that there was no reason for the respondents University to, while allowing students to appear in Supplementary Examinations of the subject till of the IVth Semester in September of the same academic year and not allowing the students completing their course of the final year to take the Supplementary Examination in the same year, notice of the petition was issued. The petitioner thereafter sought for amendment of the petition and which was allowed. Counter affidavit has been filed by the respondents University and to which rejoinder has been filed by the petitioner. The counsels for the parties were heard on 31st August, 2015 and judgment reserved. 3. It is the case of the petitioner: (a) that she joined BA (Honours) History Programme with Lady Shri Ram College for Women affiliated to the respondents University in the year 2012 and was promoted to the second year of the said Programme in the year 2013 and to the third and final year of the said Programme in the year 2014; (b) that as per "Passing Scheme and Promotional Criterion for Undergraduate Courses in Semester Mode in University of Delhi" "6. Student who has to reappear in semester I/III/V can appear in the semester examination to be held in November/December. 7. Student who has to reappear in semester II/IV/VI can appear in the semester examination to be held in April/May." (c) that there is no reason for the respondents University not allowing Supplementary Examination for third year students to be conducted in the same academic year; (d) that not allowing the third and final year s