Delhi High Court
Ms. Priyanka Singh vs University Of Delhi And Anr. on 14 December, 2018
$~113
*IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 14th December, 2018
+ W.P.(C) 12944/2018
MS. PRIYANKA SINGH ..... Petitioner
Through: Mr. Jagdish Kumar Solunki,
Adv.
versus
UNIVERSITY OF DELHI AND ANR. ..... Respondents
Through: Mr. Mohinder J. S. Rupal and
Ms. Slomita Rai, Advs. for University of
Delhi
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
J U D G E M E N T (ORAL)
% 14.12.2018
1. The petitioner was admitted for the three-year B.Com (Hons.)
course in Delhi University in the Laxmi Bai College in July, 2012.
She has been unable to clear one of her papers i.e. Business
Mathematics till date. The writ petition is predicated on the premise
that the period of completion for clearing the said papers is six
years. "which shall expire on 31st December, 2018" (as averred in
para 3 of the writ petition). On the basis of the such premise, the
writ petition seeks issuance of a writ of mandamus to the
respondents to allow the petitioner to appear in her Business
Mathematics paper, in 2018.
2. Mr. Rupal, learned counsel appearing for the University,
submits that the petitioner's request cannot be granted, as the
applicable provisions of the acts, statutes ordinances governing the
University permit a student to appear as a candidate, in the
examination, only within a period of six years from the year of
admission in the first semester. Specifically, Clause 2 of Ordinance
(viii) applicable to the University may be reproduced thus :
"(2) Subject to the provisions of sub-clause (1)
above, no person shall be admitted as a candidate for
the examinations noted below after the lapse of period
specified against each examination:
B.A. (Pass) Part III Six years after
admission to the first
year class and five years
after admission to the II
year Class.
B.Com.(Pass) Part III -do-
B. Sc. (General) Part III Six years after
admission to the I Year
Class and five years
after admission to the II
Year Class.
B. Sc. (Hons.) Part III Five years after
admission to the I Year
Class and four years
after admission to the II
Year Class.
B.Sc. (Hons.) Home Five years after
Science admission to the I Year
Class.
B. Sc. (Home Science) Six years after
admission to the 1 Year
Class.
B.A.(Hons.)/B.Com. Five years after
(Hons.) Part III admission to the 1 Year
Class and four years
after admission to the II
Year Class.
B.A.(Hons.) Music -do-
Bachelor of Fine Arts Seven years after
(Painting) admission to the I Year
of the Course.
Bachelor of Fine Arts
(Sculpture)
Bachelor of Fine Arts
(Applied Art)
M.Sc., M.D., M.S. in the Five years after
Faculty of Medical submission of thesis for
Sciences. the Course
M.Ch., D.M., in the Five years after
Faculty of Medical admission to the I Year
Sciences of the Course
M.A. (Final) Four years after
admission to the
M.A., M.Com. M.A.(Previous) or M.A.
Class, as the case may
be.
Master of Business Four years after
Administration (Full- admission to the I year
Time) of the Course.
Master of Business Five years after
Administration (Part- admission to the I Year
Time) of the Course.
3. As the petitioner had secured admission in the B.Com (Hons.)
course in July, 2012, the afore-mentioned period of six years would
come to an end in July, 2018, so she, quite obviously, cannot be
allowed to appear in the paper in December, 2018.
4. This issue, I may note, is not res integra, as it stands
concluded by the judgment of a single bench of this Court in
Avdhesh kumar v. Delhi University 2016 SCC Online Del, 1949.
5. Mr. Rupal also submits that the SLP, preferred against the
decision of this Court, also stands dismissed by the Supreme Court.
6. Accordingly, it is not possible for this Court to grant the
relief, sought in the writ petition.
7. This writ petition is dismissed with no orders as to costs.
C. HARI SHANKAR, J
DECEMBER 14, 2018
bh
