Shahroz Raza vs Jamia Millia Islamia & Ors
2012 Latest Caselaw 952 Del

*          IN THE HIGH COURT OF DELHI AT NEW DELHI

+             W.P.(C) 818/2012 and CM 1844/2012


                                                    Decided on: 10.02.2012

IN THE MATTER OF
SHAHROZ RAZA                                           ..... Petitioner
                        Through: Mr. Zafar Sadique, Advocate with
                        Mr. Masood Alam and Mr. Shams Perwez,
                        Advocates

                   versus


JAMIA MILLIA ISLAMIA & ORS                          ..... Respondents
                     Through: Mr. Rohit Gandhi, Advocate

CORAM
HON'BLE MS.JUSTICE HIMA KOHLI

HIMA KOHLI, J. (ORAL)

1. The present petition is filed by the petitioner praying inter alia

for directions to the respondents to promote him from 2nd year Bachelor

of Dental Surgery (BDS) course to 3rd year BDS course, and further to

allow him to attend 3rd year BDS course classes.

2. The admitted facts of the case are that the petitioner is a

student of BDS (Dentistry) course admitted in respondent No.1/University

in the academic year 2009-10. Upon successfully completing the 1st year

course, the petitioner was promoted to the 2nd year, in the academic

session 2010-11. When the annual examinations were held for the 2 nd

academic session and the results were declared on 06.09.2011, the

petitioner discovered that he had failed in three subjects. When the

supplementary examinations of the 2nd year BDS course were held from

14.10.2011 to 22.10.2011, the petitioner attempted to clear the three

subjects in which he had failed in the annual examinations. As the results

of the supplementary examinations were to be declared in November,

2011, the petitioner was permitted by the respondents to attend classes

for the 3rd year BDS course, i.e., academic year 2011-12. However, upon

declaration of the results of the supplementary examinations of the

petitioner on 15.11.2011, it transpired that out of three subjects, the

petitioner had cleared two subjects and had failed in one subject.

3. It is submitted by the counsel for the petitioner that upon

declaration of the aforesaid result, the petitioner was debarred from

attending classes of 3rd year BDS course w.e.f. 30.11.2011. It is further

stated that the petitioner had submitted a representation to respondent

No.3 for permission to continue with the 3rd year BDS classes, but the

same has been rejected vide letter dated 30.01.2012 issued by

respondent No.3 informing him that his request for promotion from 2 nd

year to 3rd year of BDS course is regretted. Counsel for the petitioner

states that as the petitioner has been permitted to complete about 50%

of the theory and clinical classes for the 3rd year BDS course, he be

permitted to continue attending the said classes and be further permitted

to attempt clearing the one uncleared subject of the 2nd year BDS course,

at the time when the annual examination of the 2nd year BDS course is

held in the academic year 2012-13.

4. Upon a pointed query posed to the counsel for the petitioner

as to the rules applicable in this regard, he hands over a copy of

Ordinance 15-C (Academic) of the Ordinance of the respondent

No.1/University, and particularly draws the attention of the Court to Rule

6, which relates to the BDS course. Sub-rules (a) and (b) of Rule 6(2)(iii)

of the aforesaid Ordinance 15-C are as under:-

"(iii) (a) A candidate who fails in the annual examination shall be permitted to go to the next higher class and appear in those subjects in the supplementary examination in which he/she failed and complete it successfully before he/she shall be permitted to appear for the next higher examination.

(b) Those students who have failed in 1st year BDS Annual Examination, have to appear in the Supplementary Exams and shall pay only Examination fee for Supplementary Exams. However, on clearing the Supplementary Exams, they shall pay entire fee for 2nd year BDS Course. However, if they fail, they shall pay fee for the 1st Year BDS Course as per JMI rules as they will be attending 1st year classes regularly."

5. The aforesaid rules make it crystal clear that a candidate, who

fails in the annual examination shall be permitted to attend the next

higher class only upon his successfully completing the examination of the

previous year. The plea of the petitioner that even if he has failed in one

of the subjects in the supplementary examination for the 2nd year BDS

course held in October 2011, he be permitted to attend classes for the 3rd

year BDS course, is not tenable. Admittedly, the petitioner has not been

able to clear the Second year in the academic year 2010-11, either by

passing in all the subjects in the annual examination held for the second

academic session or by clearing the remaining subjects in which he had

failed in the supplementary examination of the same year held in October

2011. Merely because the respondent/University had granted a

concession to the petitioner to continue attending classes of the 3rd year

BDS course in the expectation of his clearing the supplementary

examinations for the 2nd year, in itself cannot entitle the petitioner to

claim a vested right to continue attending 3rd year BDS course classes,

when admittedly he has failed to pass one of the three papers that he had

attempted in the supplementary examinations held for the 2nd year, in the

month of November 2011. The same is neither the import, nor the

intent of Rule 6(2)(iii) of Ordinance 15-C.

6. In view of the provisions of the aforesaid Ordinance, this

Court declines the prayer made in the present petition. The petition is

dismissed in limine as being devoid of merits alongwith the pending

application.

                                                             (HIMA KOHLI)
FEBRUARY 10, 2012                                               JUDGE
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