Delhi High Court
Syed Sadique Raza vs Jamia Millia Islamia & Anr. on 8 December, 2020
$~35
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision : 08th December, 2020
+ LPA 371/2020
SYED SADIQUE RAZA ..... Appellant
Through: Mr. M.A. Inayati, Advocate.
Versus
JAMIA MILLIA ISLAMIA & ANR. ..... Respondents
Through: Mr. Fuzail Ahmed Ayyubi,
Standing Counsel with
Ms.Akanksha Rai, Advocate.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE PRATEEK JALAN
JUDGMENT
D.N.PATEL, Chief Justice (Oral)
The proceedings in the matter have been conducted through
video conferencing.
1. This letters patent appeal has been preferred by original
petitioner in W.P.(C) 8156/2020. The appellant (original petitioner) is
aggrieved by the judgment and order dated 24.11.2020 passed by the
learned Single Judge in W.P.(C) 8156/2020 (Annexure A-13 to the
memo of this LPA). By the impugned judgment and order dated
24.11.2020, the petition preferred by this appellant praying for
direction upon respondents to release the 6 th Semester result of the
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Petitioner and to allow him to appear for the 5th Semester
examination in the light of the notification dated 30.09.2020 issued by
the Respondent No.2 was dismissed, mainly for the reason that the
petitioner had not attended the classes for the 5th semester for pursuing
B.A.(Hons.) (History).
2. Having heard learned counsel for both the sides, and looking to
the facts and circumstances of the case, it appears that this appellant is
a regular student of 3rd year B.A.(Hons.) History, studying in the
Department of History and Culture, Jamia Millia Islamia.
3. The attendance of this appellant (original petitioner) for 5th
semester in B.A.(Hons.) (History) was 14.55%. Due to shortage of
attendance, he was barred from appearing in the 5th semester
examinations and was never promoted to the 6th semester.
4. This appellant has prayed for the declaration of the results of
the 6th semester as he had attended the online classes and submitted all
the assignments for 6th Semester. This contention cannot be accepted
by this Court mainly for the reason that this student was not able pass
the 5th semester examinations and therefore there is no question
whatsoever for allowing the prayer of this appellant regarding
declaration of result of 6th semester examination.
5. For ready reference, the copy of the attendance sheet, showing
the attendance of this appellant (original petitioner) in the 5th semester
of B.A.(Hons.) (History) reads as under:
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Location:
Signing Date:14.12.2020
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"DEPARTMENT OF HISTORY & CULTURE
Attendance Register for Session Jul/2019 - Dec/2019
From 18/07/2019 to 28/11/2019
Run Date : 17/10/2020
Course : B.A. (H) History (Semester) - V Sem.
Admission Type : Regular
33 20179224 Nadeem Alam 67.60
34 20172024 Nazrul Islam 91.73
35 20177279 Nuzhat Praveen 79.35
Owais Mushtaq
36 20178920 75.80
Bhat
37 20178232 Pradeep Kumar 39.46
38 20177278 Pritam Vishal 76.68
Reyaz Ahmad
39 20171704 69.83
Reshi
Rizwanul
40 20175019 66.93
Haque
41 20172564 Sahrish Fatima 87.45
42 20171693 Sahul Khan 73.03
43 20175088 Shahid Gulzar 72.53
44 20172727 Shahvar Bano 91.51
45 20172451 Shahzeen 87.59
46 20172039 Shamaila Shah 80.39
47 20174825 Sifat Khan 64.83
48 20174139 Srajit M Kumar 65.30
49 20171804 Swapnil 78.21
50 20173350 Syed Sadique Raza 14.55
51 20172550 Tanzila Zafar 83.87
52 20171800 Thashrif M V 85.92
53 20171770 Usman Qureshi 68.34
54 20175004 Zakia Nasim 79.28
--- End of Report ---
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SD
Head
Department of History and
Culture
Jamia Milia Islamia
New Delhi - 110025"
(Emphasis supplied.)
6. In view of the aforesaid facts, it appears that this appellant had
attended only 14.55% classes in the 5th semester, and therefore he was
not allowed to appear in the examinations of 5th semester.
7. In the memo of this LPA, several reasons for not attending
classes for 5th semester have been pointed out at page no. 15,
paragraph (d) onwards. Looking at page no. 15, paragraph (d)
onwards, this appellant is claiming that he was ill and had gone to his
native place in Bihar, and thereafter, because of the situation in Delhi
due to pollution and campus unrest etc., he had not attended classes.
According to him, due to these events, he was not allowed to return to
Delhi by his parents. These reasons have been given in paragraphs d,
e, f, g, h, i, j etc. None of these contentions are helpful to the
appellant. There is consistent absenteeism of this appellant in the 5 th
semester for one reason or another, ranging from his ill health to
pollution to being disallowed to return to Delhi by his parents.
Further, nothing has been pointed by this appellant at the relevant time
to the respondents. Unless the 5th semester examinations are cleared,
the 6th semester results cannot be allowed to be declared. In fact, it is
not as if this appellant has been permitted to appear in any of the
examinations of 6th semester. His attendance in online classes of 6th
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semester, and submission of assignments cannot, in the backdrop of
the abovenoted facts, entitle him to any relief from this Court.
8. Moreover, it appears from the facts of the case that this
appellant has already been re-admitted in 5th semester as per the rules
of re-admission. For ready reference, the rules of re-admission read as
under:
"5. Re-admission
5.1 A A student of the 1st Year/1st Semester of any
course who is detained due to shortage of attendance will
no longer remain a student of the University. Such a
student will have to seek re-admission.
If a student of 1st Year/1st Semester of any course who
fails in the Annual/Semester-end Examination or who
could not take the examination for reasons other than
shortage of attendance may be allowed to appear as an
Ex-Student in the consecutive Annual/1st Semester-end
Examination.
5.2 A student of other than 1st Year/1st Semester, who
has not taken the examination due to shortage of
attendance, may be given re-admission in the said class
of that course in the next consecutive Year/Semester. In
case, the student fails to fulfill the requirement of
attendance after being given re-admission, his/her
admission shall stand cancelled."
(emphasis supplied)
9. In view of the aforesaid position of the rules of the respondents,
this appellant has got re-admission in the 5th semester. This aspect of
the matter has been properly appreciated by the learned Single Judge,
as stated in the impugned final order dated 24.11.2020, while
dismissing the writ petition being W.P.(C) 8165/2020, especially
paragraph 3 onwards of the impugned order. We are in full agreement
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with the reasons given by the learned Single Judge in the order dated
24.11.2020. We see no reason to take any other view than that which
has been taken by the learned Single Judge. Hence, there is no
substance in this LPA.
10. With these observations, this LPA is dismissed.
CHIEF JUSTICE
PRATEEK JALAN, J.
DECEMBER 08, 2020
'pv'
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Digitally Signed By:PANKAJ
Location:
Signing Date:14.12.2020
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