John Tayang vs Kirori Mal College And Anr.
1995 Latest Caselaw 58 Del

JUDGMENT

Anil Dev Singh, J.

(1) This is a writ petition whereby the petitioner seeks directions to the respondent to allow him to be admitted in the second year B.A.(English) Hons. Class and also to permit him to take examination of the first year and the second year B.A. (Hons.) together.

(2) The petitioner is a student of B.A. (Hons.), Kirori Mal College, University ofDelhi. It is alleged that the petitioner was taken ill and as a result thereof fell short of attendance. He, therefore, filed a representation before the Principal of respondent No. 1 for permitting him to appear in the first year examination of the B.A.(Hons.) and also undertook to make up the shortage of attendance in the second year. It appears from the copy of the representation produced by the respondent that it was filed by.the petitioner before the Principal on 21/04/1994 which happened to be the first day of the examination for the first year B.A. (Hons)students. The petitioner was permitted to appear in the examination and was issued an admit card. The petitioner however alleges that the first date of examination was 25/04/1994. However, this fact is controverted by Counsel for the respondent and it is pointed out that the examination was to take place on 21/04/1995. This clearly shows that the petitioner was not aware of even the date of the examination. Be that as it may, the petitioner was given permission to appear in the examination on 21/04/1995 itself. However, the petitioner did not avail of the opportunity and did not appear in any of the papers of the first year. It needs to be pointed out that the second paper of the first year examination was on 25/04/1994. Having not appeared in the examination, the petitioner now claims that he should be. admitted in the second year and should be allowed to appear in examination of the first year and the second year. Learned Counsel appearing for the petitioner submitted that the respondent has wide discretion in granting request of the petitioner. However, learned Counsel for the petitioner was not able to point out any statutory provision in this regard. On the other hand, learned Counsel for the respondent submits that no discretion invested with any of the authorities to permit the petitioner to be admitted in the second year without having taken the first year examination. Learned Counsel for the respondent, howevever, brought to my notice Appendix Ii of the Ordinance 8 of the University Calendar governing the examinations. This Ordinance reads as follows:- "ORDINANCE8 "Pass percentage of marks and classification of successfulcandidates.Subsidiary Subjects: The minimum marks required to pass the Examinations hall be 40% in each subject for each examination separately in Theory andPractical.Main Subjects: The minimum marks required to pass the examination at the end of each year shall be 40% in the aggregate of written papers and 40% in the aggregate of practical papers separately.At the end of the First Year, a candidate who does not pass the examination but has secured at least 40% marks in the aggregate in all but one papers (for this purpose the paper in which a candidate has secured at least percentage of marks will be ignored) may be allowed to proceed to the Ii year class, if otherwise eligible and appear in the remaining paper Along with the Part IIexamination"

(3) According to the Ordinance a candidate, who appears in the first year examination and does not pass but secures at least 40% marks in the aggregate except in one paper may be permitted to proceed to the second year class. Therefore the only discretionary power vested in the authorities is in regard to the admission of a student in second year, who secures 40% marks in the aggregate in all but one paper in the first year, if he is otherwise eligible and appears in the remaining paper Along with papers of Part Ii examination.Having regard to the above discussion, I do not find any merit in the writpetition. Accordingly, the same is dismissed but without any order as to costs.