Sudeepti Chandra vs Director School Of Planning And ...
2007 Latest Caselaw 1726 Del

ORDER

1. This appeal is directed against the order dated 11th July, 2007 passed by the learned Single Judge whereby the writ petition filed by the petitioner was dismissed.

2. The appellant was pursuing the Bachelor of Planning, four year degree course from the School of Planning and Architecture, Delhi. The said course consists of eight Semesters and as per the relevant Rules, all the semesters are required to be completed within a maximum period of seven years.

3. There is no dispute to the fact that the appellant herein was admitted to the said course in 2001 and has cleared the four Semesters. But a perusal of her performance in various Semesters would indicate that she had taken substantial time and had to reappear in several supplementary examinations with the result that in six years from 2001 till 2006, she was able to clear only four Semesters. As per relevant Rules, she must complete and clear all eight Semesters within seven years. We extract below a chart showing the performance of the appellant herein during the semesters and supplementary examinations in which she appeared: Four years Bachelor's Degree Programme in Physical planning SEMESTER/YEARS SUBJECT REMARKS 1st Semester: Dec. 2001 year

(Session 2001-2002)

1. Applied Mathematics

2. Basics of Structural Design

3. Materials and Principles of Construction

4. Statistical methods-I

5.Workshop

6. Arts & Graphics-I

7. Basics of Design-I Failed in subjects 1,2, 4, 5 & 7

As per Exam Rules (Rule 10) one is required to mandatorily pass in 5 subjects, including the Design Subject. One can take only a max, of 2 subjects in Supplementary Exams to be held in July-August.

Hence she was asked to repeat 1st Semester 1st year during 2002-2003.

May, 2002-Dec 2002 (Session 2002-2003)

She repeated and passed in all the 7 subjects. Hence she was permitted to go to 2nd Semester of 1st year 1st year 2nd Semester May, 2003 Examination

1.Surveying, Photogrammetry and Photography

2. History of Art & Culture of Settlements

3. Applied Geology

4. Theory of Design

5. Statistical Methods-II

6. Arts & Graphics -II

7. Basics of Design-II

Failed in subject 1 and asked to re-appear in Supplementary Exam in July/August, 2003.

Supplementary 2nd Semester Exam. July/August 2003 (1st year 2nd Semester)

Surveying, Photogrammetry & Photography

Failed. As per Rule 12(a), she would have to be discontinue since she could not clear all the subjects within 2 academic years. However, taking lenient view, she was permitted to go to next higher class, i.e., 2nd year 3rd Semester with carryover in the failed subject, Surveying, Photogrammetry & Photography.

2nd Year 3rd Semester Dec. 2003-2004

She appeared for examination in all 7 subjects plus the carry over subject in Dec 2003 Examination. Although she passed in other subjects, she again failed in Surveying, Photogrammetry & Photography, but was allowed to re-appear in the Supplementary Exams in July, 2004. Promoted to 2nd year 4th Semester 2nd year 4th Semester May 2004

(Session 2003-2004)

1.Quantity Surveying and Specifications

2.Computer Programming & Applications-II

3. Principles of Planning-II

4. Techniques of Planning-II.

5. Environmental Science

6. Elements of Economics

7. Planning and Design Studio (Housing Aspects)

Failed in subjects 2, 4 & 7. As per above said Rule 10, having failed in Design Subject, she was asked to repeat 4th Semester, 2nd year.

2nd year 4th Semester May 2005 Examination

She passed in Computer Programming & Planning & Design, but failed in Techniques of planning-II

Asked to re-appear in Techniques of planning-II during Supp. Exams in July-Aug 2005. She passed and was promoted to 3rd year 5th Semester. 3rd year 5th Semester December 2005

1. Utilities and Services Planning

2. Demography & Urbanisation

3. Traffic and Transportation Planning-II

4. Housing and Community Planning

5. Settlement Geography

6. Development Planning

7. Planning and Design Studio (Area Planning/Zonal Planning)

Failed in subject 1. Asked to re-appear in suppl. Exam July, 2006. However, she refused to appear in Suppl. Examination in the failed subject : Utilities and Services Planning 3rd year 6th Semester, May, 2006

1. Urban Design & Conservation

2. Operations research & Systems Analysis/Computer Application-III

3. Planning & Management of Informal Sector & Basic Needs

4. Landscape Planning & Design

5. Land Economics & Locational Theory

6. Elements of Settlement Sociology

7. Planning and Design Studio (Development Plan Preparation for Village/Town/City)

Detained in subject 6 : Elements of Settlement Sociology since attendance was low. She appeared in other subjects but failed in subjects 1,3, 4. As per Rule 10 she was again asked to repeat as a regular student for 2006-2007.

2006-2007 3rd Year 6th Semester

She was required to attend classes in the 4 failed subjects, and in 1 detained subject of 5th & 6th Semester

She refused to come to report to the School at all.

3. The appellant is only half way through the Semester system. She has to appear in the remaining four semesters, which may not be possible in view of the fact that the time period of seven years would expire prior to and before she can complete her remaining four Semester examinations, which have to be spread over two years.

4.The appellant was asked to repeat as a regular student for the period 2006-2007 in terms of Rule 12 of the Examination Rules but she refused to report to the College at all. The learned Single Judge had noticed the aforesaid facts and thereafter held that the option given by the respondent-College was not accepted by the appellant. Rule 12 of the Examination Rules, mandates a maximum permissible period for completion of the course is seven academic years consisting of eight Semesters. Rule 11 further mandates that in the supplementary examinations, a student can appear in maximum of two theory papers. As per Rule 10(1), a student can be promoted to the next semester if she meets academic performance requirement and in addition, she should not have failed in any 'Design' subject or more than two subjects in the examination. As per the chart given above, the appellant had failed in one subject in the Fifth Semester and has not cleared the same as she failed to appear in the supplementary examination. In Sixth Semester, the appellant was detained in 6 subjects. Even otherwise she has failed in three subjects and, therefore, has to repeat fifth and sixth Semesters. The appellant admittedly joined the course in the academic year 2001-2002. So she was required to complete her seven years academic session year 2007-08. Even if the appellant is allowed to appear in the fifth Semester, she would not be able to complete the remaining four semester examinations by the end of academic year 2007-2008. The same is a relevant consideration besides the fact that although she had appeared in the fifth and sixth semester examinations, she has not been able to clear all the subjects. Therefore, we find no merit in this appeal and the same is dismissed.