Delhi High Court
Ali Humam vs Jamia Millia Islamia University & ... on 6 October, 2022
IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 06.10.2022
+ LPA 392/2022
ALI HUMAM ..... Appellant
versus
JAMIA MILLIA ISLAMIA UNIVERSITY
& ORS. ..... Respondents
Advocates who appeared in this case:
For the Appellant : Appellant in person.
For the Respondents : Mr Pritish Sabharwal, SC, JMI with
Mr Sanjeet Kumar, Advocate.
CORAM
HON'BLE MR JUSTICE VIBHU BAKHRU
HON'BLE MR JUSTICE AMIT MAHAJAN
JUDGMENT
VIBHU BAKHRU, J
Introduction
1. The appellant - a student of Jamia Millia Islamia University
(Respondent no.1, hereafter 'JMIU') - has filed the present appeal,
inter alia, impugning an order dated 23.05.2022, whereby his petition
being W.P.(C) 7801/2022 captioned Ali Humam v. Jamia Millia
Islamia University & Ors., was rejected. The appellant also seeks that
this Court pass an order directing that the appellant be promoted to 9th
Semester of B.A. LLB (H) course and permit him to appear in the 10th
Signature Not Verified
Digitally Signed
Signing Date:07.10.2022
Semester examination, which was scheduled to commence on
05.06.2022.
2. By an ad interim order dated 13.06.2022, the appellant was
permitted to appear for his 10th Semester examination, albeit subject to
the condition that no equities would be claimed.
3. The appellant had filed the aforesaid writ petition [W.P.(C)
7801/2022], inter alia, praying that directions be issued for the
respondents to correct the technical fault resulting in not releasing the
appellant's result for the 5th Semester examination. The appellant's
result for the 5th Semester examination was withheld and released on
completion of the 7th Semester examination. The appellant had not
cleared the 5th Semester examination. Since the result for the 5th
Semester examination was declared after the 7th Semester examination,
the appellant claims that he was effectively prevented from re-
appearing in the said examination - which was otherwise permissible -
along with the 7th Semester examination. As a consequence, the
appellant was also declared unsuccessful in the 6th Semester
examination as the marks for the 6th Semester examination were
computed partly by taking into consideration the 5th Semester
examination.
4. The appellant was not promoted to the 9 th Semester and is,
essentially, aggrieved by his promotion being withheld.
Factual context
Signature Not Verified
Digitally Signed
Signing Date:07.10.2022
5. The relevant facts necessary to address the present appeal are as
under:
5.1 The appellant cleared his entrance examination for being
admitted to the B.A. LLB (H) course with JMIU and joined the said
course in the month of July 2017. The B.A. LLB (H) course is a five
years course spread over 10 semesters.
5.2 Ordinance 15-C of JMIU is relevant and set out below:-
"5. Promotion Scheme
i) A student shall be promoted automatically from
an odd semester to next even Semester.
ii) Provided that a student shall not be promoted
from an even Semester to next odd Semester, if he/she
has failed in more than four courses/subjects.
iii) Every student who has failed in more than four
courses at the end of a given academic year or who has
failed to clear requisite number of courses of the
preceding years before being eligible to be promoted
to the next odd Semester, shall be entitled to appear as
an ex-student for the same year in respect of the
courses to be cleared by paying such fee as may be
prescribed from time to time.
In respect of such students there will be no requirement of
compulsory attendance in such courses. However, such
students will have to complete all other requirements of
the course/courses as prescribed for the regular students."
[Emphasis supplied]
5.3 In terms of the said Ordinance 15-C, a student would be
automatically promoted from an odd semester to an even numbered
Signature Not Verified
Digitally Signed
Signing Date:07.10.2022
semester (mid-year semesters) irrespective of the examination papers
cleared by him. Thus, the student would not be withheld in the 3rd, 5th,
7th or the 9th Semester and would be automatically promoted to the next
semester. However, the promotion from an even numbered semester to
an odd numbered semester is contingent upon a student having not
failed in more than four examination papers. Thus, if a student has not
cleared five examination papers, he would not be promoted to the next
academic year.
5.4 The appellant was sought to be detained in the 5th Semester on
account of shortage of attendance. According to JMIU, the appellant
had not completed the 5th Semester and therefore, he was not eligible to
be promoted to the 6th Semester. However, the appellant was permitted
to appear in the 5th Semester examination but his results were withheld.
5.5 It appears that the Dean, Students' Welfare had condoned the
shortage of attendance and the appellant was promoted to the 6 th
Semester. The studies of students were adversely affected in the 6 th
Semester (the first half of 2020) on account of outbreak of the Covid-
19 pandemic.
5.6 However, the appellant was promoted to the 7th Semester in view
of the UGC Policy to not hold back students on account of the
mitigating circumstances.
5.7 The appellant did not clear his two papers from the 7th Semester.
Nonetheless, he was promoted to the 8th Semester. According to JMIU,
the appellant had failed in fifteen papers as at the end of the 7th
Signature Not Verified
Digitally Signed
Signing Date:07.10.2022
Semester. This included two papers from the 4th Semester, six papers
from the 5th Semester, and five papers from the 6th Semester.
5.8 A student can re-appear for the examination papers of an odd
semester, which he/she has failed to clear, along with the examination
held for an odd semester. In other words, the students can re-appear for
the 3rd Semester paper along with the 5th Semester (regular), the 7th
Semester (regular), or the 9th Semester (regular), examination. It is not
open for the student to re-appear for examination of papers of an odd
semester along with the regular examination relating to an even
semester. Similarly, a student can re-appear for an even semester paper
along with examinations relating to even semesters.
5.9 Thus, the appellant was entitled to re-appear for his 5th Semester
papers along with the 7th Semester (regular) examination but he did not
do so. According to the appellant, this was because his results had not
been declared at the material time.
5.10 It is also material to note that in terms of the Guidelines issued
by the University Grants Commission (UGC), the students for the
session ending May, 2020 were assessed on the basis of internal
assessment and past performance in view of the disruption caused by
the outbreak of the pandemic. Thus, JMIU assessed the students for the
6th Semester (session ending May, 2020) on the basis of 50% weightage
to the results of the 5th Semester examination and 50% on internal
assessments. Since the appellant's result for the 5 th Semester had been
withheld, the same also affected his results for the 6th Semester.
Signature Not Verified
Digitally Signed
Signing Date:07.10.2022
Nonetheless, in terms of the UGC Policy, he was promoted to the 7th
Semester.
5.11 The appellant was not promoted to the 9th Semester as, according
to JMIU, he had not cleared backlog of thirteen papers in which he had
failed.
5.12 Aggrieved by not being promoted to the 9 th Semester, the
appellant filed the afore-mentioned writ petition.
Reasons and Conclusion
6. At the outset, it is relevant to note that the appellant's grievance,
as articulated in the writ petition is, essentially, two-fold.
6.1 First, that his 5th Semester result was arbitrarily withheld. The
same was declared on 12.02.2021, after the 7th Semester examinations
were over. Resultantly, the appellant was prevented from re-appearing
in the 5th Semester examination along with his papers for the 7 th
Semester.
6.2 Second, that his assessment for the 6th Semester was incorrectly
made by reducing the marks by 50%. According to the appellant, JMIU
has misread the UGC Examination Guidelines and it was not necessary
to assess the performance of the students on the basis of the
performance in the past examination.
Signature Not Verified
Digitally Signed
Signing Date:07.10.2022
6.3 The appellant further claims that although he had not been
promoted to the 9th Semester, he had taken the 9th Semester examination
as the same was available on the online examination portal.
7. The present appeal along with the interim application was listed
on 03.06.2022. The appellant had also filed an interim application,
praying that he be permitted to appear for his 10th Semester
examination, which was scheduled to be held on 14.06.2022. The said
prayer was not acceded to. However, this Court directed that all results
of the appellant, which were withheld, be declared. Consequently, the
results of the appellant relating to the 5th Semester examination were
declared on 29.06.2022. The appellant had passed in four papers.
Although, strictly speaking, the benefit of the same may not be available
for the assessment of the 6th Semester examination, JMIU granted the
benefit of his results for the 5th Semester examination to evaluate the
assessment of the 6th Semester examination. After providing the said
benefit, the appellant was declared as having cleared four papers of the
6th Semester examination. He had also re-appeared in two papers of his
7th Semester and cleared the same.
8. In view of the above, the appellant was promoted to the 9 th
Semester for the academic session 2022-23. This was informed to the
Court during the hearings held in the month of July, 2022.
9. In view of the above, the principal question that requires to be
addressed is whether the decision of the JMIU to withhold the
Signature Not Verified
Digitally Signed
Signing Date:07.10.2022
appellant's promotion to the 9th Semester examination, for the session
2021-22, can be faulted.
10. In compliance with the order dated 03.06.2022, JMIU had filed
an affidavit enclosing therewith a tabular statement indicating the
appellant's performance in various semesters. The said tabular
statement is reproduced below:
"Case of Mr. Ali Humam, Student of B.A.LL.B. (Hons.) Roll No 17BLW007 Dated 12.07.2022
S. Sessio Examination Semester Date of Declaration Result Mode of Backlo
No. n Examinati of Result Declared Exam. g
on Papers
1. Dec- Dec-2017 I 07.12.2017 09.02.2018 Passed Offline Nil
2017 (Regular) to
01.01.2018
2. May- May-2018 II (Regular) 07.05.2018 02.07.2018 Passed Offline Nil
2018 to
29.05.2018
3. Dec- Dec-2018 III Untraceabl 20.02.2019 Failed in Offline 02
2018 (Regular) e BLW-305,
BLW-306,
Promoted
4. May- May-2019 IV 06.05.2019 20.06.2019 Failed in Offline 04
2019 (Regular) to BLW-305,
24.05.2019 306,
BLW-403,
BLW-404,
Promoted
5. Dec- Jan-Feb III 28.01.2020 06.04.2020 Passed Offline Nil
2019 2020 (Back to with 2GM
papers) 14.02.2020
6. Dec- Jan-Feb V (Regular) 28.01.2020 Detained due Detained Offline 08
2019 2020 Appeared in to to shortage of due to
3 papers 14.02.2020 attendance shortage
only 12.02.2021 of
attendance
Allowed by Failed
DWS & BLW-403,
referred to 404 501,
Exam 502, 503,
Committee. 504, 505,
Permitted to 506
declare result. Promoted
7. May- Assignment IV Assignment 26.07.2020 Failed in Assignment 02
2020 based (Back) based BLW-403, based
BLW-404
Not
appeared
8. May- Assignment VI Assignment 23.02.2021 Failed in Assignment 13
2020 based (Regular) based BLW-403, based
BLW-404,
501, 502,
503, 504,
505, 506,
BLW-601,
Signature Not Verified
Digitally Signed
Signing Date:07.10.2022
602, 604,
605, 606.
Promoted
as per
UGC
Policy
9. Dec- Jan-Feb V (Back 19.01.2021 Not appeared Not Open book 08
2020 2021 papers) to in back papers appeared
12.02.2021 in back
papers
10. Dec- Jan-Feb VII 19.01.2021 08.07.2021 Failed in Open book 15
2020 2021 (Regular) to BLW-403,
12.02.2021 404,
BLW-501,
502, 503,
504, 505,
506, 601,
602, 604,
605, 606,
704, 705.
Promoted
11. May- June 2021 IV (Back 07.06.2021 18.11.2021 BLW-403, Open book Nil
2020 papers) to BLW-404
29.06.2021 Appeared
& Passed
12. May- June 2021 VI (Back 07.06.2021 24.12.2021 Failed in Open book 11
2020 papers) to BLW-501,
29.06.2021 502, 503,
504, 505,
506,
BLW-601,
602, 604,
605, 606.
13. May- June 2021 VIII 07.06.2021 30.12.2021 Passed Open book 13
2020 (Regular) to (Sem-8)
29.06.2021 Failed in
BLW-501,
502, 503,
504, 505,
506, 601,
602, 604,
605, 606,
704, 705.
Result
Declared
"FAILED"
14. Dec- Jan-Feb V ((Back 06.01.2022 29.06.2022 Passed Open book 09
2021 2022 papers) to BLW-501,
05.02.2022 502, 504,
Failed in
BLW-503
& 506
15. Dec- Jan-Feb VII (Back 06.01.2022 27.06.2022 Passed Open book 07
2021 2022 papers) to BLW-704,
16. Dec- -- VI (Back) -- -- Passed By giving 03
2021 BLW-601, 50%
602, 605, formula in
606 V semester
Failed in as per UGC
BLW-604 policy
17. -- -- VIII -- -- Failed in -- 03"
BLW-503,
506, 604
PROMO
TED to
Signature Not Verified
Digitally Signed
Signing Date:07.10.2022
Sem-IX in
the session
2022-23
11. There is no dispute regarding the material facts as stated in this
aforementioned tabular statement.
12. It is seen from the aforesaid chart that the appellant's
performance for the first year (Semester-1 and Semester -2) was
satisfactory and he had cleared all the papers. However, he failed to
clear two papers of the 3rd Semester (Paper nos. 305 and 306).
Notwithstanding the same, he was promoted to the 4th Semester in view
of the Ordinance 15-CUGC, which did not permit withholding
promotions from odd semesters to even semesters. Further, the numbers
of examination papers in which the appellant had failed to appear were
not more than four.
13. The appellant appeared in his 4th Semester examination that was
held between 06.05.2019 to 24.05.2019. He failed to clear two papers
(Paper nos. 403 and 404). Notwithstanding the same, he was promoted
to the 5th Semester as his backlog was only four papers and not more.
14. The appellant appeared only in three papers of the 5th Semester
examination that was held during the period 28.01.2020 to 14.02.2020.
His attendance during the 5th Semester was short and therefore, his
results for the 5th Semester were not declared. The appellant had also
re-appeared for two papers of the 3rd Semester along with the 5th
Semester examination and had cleared the same albeit with some grace
marks. The appellant's backlog at the end of the 5th Semester included
Signature Not Verified
Digitally Signed
Signing Date:07.10.2022
two papers of the 4th Semester (Paper nos. 403 and 404) apart from the
six papers of the 5th Semester, the results of which had been withheld.
Notwithstanding the above, the appellant was promoted to the 6th
Semester.
15. The assessment for the 6th Semester was on assignment basis and
the appellant had not cleared five papers of the 6th Semester. He could
not be assessed in respect of the backlog of two papers of the 4th
Semester (Paper nos. 403 and 404) as no assignments had been
submitted. Thus, at the end of the 6th Semester, the appellant had a
backlog of thirteen papers (Paper nos. 403, 404, 501, 502, 503, 504,
505, 506, 601, 602, 604, 605 and 606). However, in view of the UGC
Policy, the appellant was promoted to the 7th Semester.
16. The examinations of the 7th Semester were held during the period
of 19.01.2021 to 12.02.2021. The results of the said examination were
declared on 08.07.2021. The appellant had not cleared two papers of the
7th Semester (Paper nos. 704 and 705). The results of the appellant's 5th
Semester examination were declared on 12.02.2021, that is, after
examination for the 7th Semester was over. The appellant could have re-
appeared for his 5th Semester examination along with 7th Semester
examination but did not do so. According to the appellant, he was
prevented from re-appearing for the 5th Semester examination papers
along with 7th Semester as his results for the 5th Semester had not been
declared as of that date.
Signature Not Verified
Digitally Signed
Signing Date:07.10.2022
17. It is material to note that the appellant had appeared only for three
examination papers of the 5th Semester in the regular examination that
was held during the period 28.01.2020 to 14.02.2020. He had not
appeared in the remaining three papers. Thus, in any event, the appellant
was fully aware that he could not have cleared the three papers as he
had not sat for the said examination papers. It was open for the appellant
to thereafter, request the authorities to permit him to re-appear for the
three papers (for which he had not appeared along with his 7th Semester
papers) but he did not pursue JMIU for the same.
18. At the end of the 7th Semester, the appellant had a backlog of
fifteen papers, which included two papers from the 4th Semester and two
papers from the 7th Semester as well.
19. The appellant re-appeared for his 4th Semester papers along with
examinations of the 8th Semester and cleared the same. Thus, at the end
of the 8th Semester, the appellant had a backlog of thirteen papers:
eleven papers relating to 5th and 6th Semesters and two papers from the
7th Semester. The appellant was, thus, detained in the 8th Semester and
not promoted.
20. The appellant did suffer some disadvantage on account of his
results of the 5th Semester not being declared prior to the 7th Semester
examinations being held. There is merit that the appellant could have
re-appeared in the 5th Semester papers along with the 7th Semester
examinations, if the results of the 5th Semester were declared prior to
the said examinations (which were held during the period 19.01.2021
Signature Not Verified
Digitally Signed
Signing Date:07.10.2022
to 12.02.2021). However, this Court is unable to accept that the
appellant is entitled to be promoted to the 9th Semester notwithstanding
that he had not cleared his 5th Semester examination. As noted above,
the appellant had not appeared in three papers for the 5th Semester
examination. Thus, in any event, he was aware that he had not cleared
three papers of the 5th Semester examinations. He was also aware that
he had failed in two papers of the 4th Semester examination (403 and
404). In addition, the appellant had not cleared two papers of the 7th
Semester examination (704 and 705). Thus, even if the examinations of
the 5th Semester for which the appellant had appeared as well as the
backlog of the 6th Semester examination is ignored, the appellant had
not cleared at least seven papers as at the end of the 7 th Semester. He
had, subsequently, appeared and cleared two papers of the 4th Semester
along with the 8th Semester examination. Thus, at the end of the 8th
Semester, the appellant had a backlog of at least five papers, which he
was clearly aware of even if the three papers of the 5th Semester in which
he had appeared and the five papers of the 6th Semester are ignored.
21. In view of the above, JMIU's decision to detain the appellant in
the 8th Semester, cannot be faulted.
22. The appellant had, thereafter, re-appeared for his 5th Semester
examination and 7th Semester examination held during the period
06.01.2022 to 05.02.2022. The appellant had cleared four papers from
the 5th Semester and two papers of the 7th Semester (501, 502, 504, 505,
704 and 705).
Signature Not Verified
Digitally Signed
Signing Date:07.10.2022
23. As noted above, the assessment for the students of the 6 th
Semester had been done by including a 50% weightage for the
performance of the 5th Semester.
24. At the time of the assessment of the 6th Semester, the appellant's
result for the 5th Semester examination (three papers for which he had
not appeared and three papers in which he had appeared) were withheld.
Consequently, the appellant was also declared as having failed the
papers of the 6th Semester. However, with the appellant subsequently
re-appearing and passing in four papers of the 5th Semester (501, 502,
504 and 505), JMIU had decided to also grant the benefit of the said
marks in the appellant's assessment for the 6th Semester. Consequently,
the appellant was declared as having cleared four subjects of the 6 th
Semester (601, 602, 605 and 606).
25. The results for the 5th Semester and 7th Semester papers for which
the appellant had re-appeared during the period 06.01.2022 to
05.02.2022 were declared on 29.06.2022 and 27.06.2022 respectively.
In view of the said results and the consequent benefit granted to the
appellant in respect of the 6th Semester papers; the appellant's backlog
reduced to three papers (Paper nos. 503, 506 and 604). Consequently,
the appellant has now been promoted to the 9th Semester for the session
2022-23.
26. In view of the above, the decision of JMIU to detain the appellant
in the 8th Semester examination for the academic year 2021-22, cannot
be faulted.
Signature Not Verified
Digitally Signed
Signing Date:07.10.2022
27. Before concluding, it is also necessary to mention that the
appellant had moved the present appeal on 03.06.2022 (the last working
day, prior to the Court closing for the summer vacation). On that date,
the appellant had also requested for interim relief to permit him to
appear for the 10th Semester examinations, which was scheduled to be
held shortly. This Court had not acceded to the said request as the
appellant had not been promoted to the 9th Semester at the material time.
Although the appellant's request was not acceded to, the appellant once
again filed an application seeking the same relief. This application was
moved before the Vacation Bench and was taken up on 13.06.2022. On
that date, the Court passed an interim order permitting the appellant to
appear in the 10th Semester examination while making it clear that the
results would not be disclosed until further orders and would be subject
to the final outcome of the appeal.
28. The appellant was not entitled to appear for the 10 th Semester
examination and therefore, the said results are of no material relevance
and are not required to be declared.
29. It is also relevant to state that during the course of the
proceedings, the learned counsel for JMIU submitted that despite the
appellant being promoted to the 9th Semester, he is not attending classes.
This Court had, during the course of the proceedings, put the appellant
to notice that in the event he did not attend the classes, the necessary
consequences would follow.
Signature Not Verified
Digitally Signed
Signing Date:07.10.2022
30. It is, thus, apposite to clarify that pendency of the present appeal
would not be accepted as an excuse for the appellant to not attend the
9th Semester classes.
31. The present appeal is, accordingly, dismissed with the aforesaid
observations.
VIBHU BAKHRU, J
AMIT MAHAJAN, J
OCTOBER 6, 2022
RK
Signature Not Verified
Digitally Signed
Signing Date:07.10.2022
