May 9, 2019:
Delhi High Court has regretted that it is unable to offer any succour to the petitioner, though it sympathises with his condition, the case being of a student prohibited from appearing in examination due to shortage of attendance.
A bench of Justice Hari Shankar has passed the order in the case titled as KARTIK CHOPRA vs GOVT. OF N.C.T. OF DELHI on 06.05.2019.
Consequent to passing his Class XII Examination in 2017, the petitioner who is the sufferer of an ailment known as paroxysmal supra ventricular tachycardia (PSVT), took admission in the B.Com (Honours) Course in the Vivekanand Institute of Professional Studies, which is affiliated to the Guru Govind Singh Indraprastha University (Respondent No.2 herein and referred to, hereinafter, as “the GGSIPU”). Despite suffering from the said ailment, avers the petitioner, he has successfully cleared the examination of the first three semesters of the said course. For the fourth semester, the petitioner was not allowed due to shortage of attendance.
The High Court observed "the claim of the petitioner is, effectively for the Court to grant relief solely on the ground of sympathy, even though it is an admitted position that grant of such relief would fly in the face of the applicable statutory provisions".
It further observed "I may also note that, though certain prescriptions and discharge summaries have been annexed to the writ petition, they pertain to other periods, and there is no prescription or other document which would explain the shortage of attendance of the petitioner in the 4th semester of his B.Com (Honours) Course which, I am informed, commenced in January, 2019"
The High Court opined "In any event, it is not possible for this Court to issue any mandamus to the GGSIPU, directly contrary to Clauses 9.1 and 9.2 of Ordinance 11, which binds it".
Read the order here:
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