HC grants interim relief to DU student, allows her to appear in examination

The Delhi High Court granted an interim relief to a Delhi University student, who was short of attendance, by allowing her to appear in the annual examinations.

Justice C Hari Shankar said this latitude was granted to the petitioner woman only because she was a student and "if she is not permitted to appear in the examination, possibly irreparable loss would ensue".

The petitioner was a sixth semester student of BA (Hons) English course in Delhi University's Vivekanand College and her exams were scheduled to commence on May 11.

Her counsel said she was into drama society and had participated in over 40 programmes in the 6th semester and the approval was granted by the college authorities.

"In order to balance the equities of the present, the petitioner is permitted to appear in the 6th semester examinations... It shall not be treated as creating any equities in favour of her and shall abide by the outcome of the writ petition," the court said.

Advocates Rituparn Uniyal and Pawan Pathak, appearing for the student, said the woman would be entitled to have the lectures, which took place during the period of her absence on account of her participation in the extra-curricular activities, while reckoning the number of classes attended by her.

The counsel referred to the Ordinances applicable to the university, dealing with the requirement of attendance of the students who are eligible to appear in various semester examinations.

As per rules, a student is required to have a minimum of 66 per cent attendance to be eligible for seating in examination.

According to the petitioner, her attendance was 63.62 per cent and as per the university, the attendance came out to be 60.84 per cent.

The court said there was discrepancy between the attendance table given by the university and the student and the matter would need to be examined.

The court sought response of the university and the college on the petition and listed the matter for further hearing on August 13.

As an interim measure, the court allowed the student to appear in the examination and directed that her result be kept in a sealed cover and shall be opened on the basis of the outcome of this petition.

It also directed the authorities to issue her requisite admit card to enable her to write the 6th semester examination.