On Tuesday, granting major relief to a student of GGSIP University who was detained due to shortage of attendance despite being allowed to appear for the exams and attend classes for the next semester.

The Court has quashed the order and noted that the University completely failed to comply with the statutory requirement of announcing the names of the students who weren't eligible to appear in the semester exams at least 5 calendar days before prior to the start of the examination.

The Petitioner has challenged the Uni's Jan 30, 2018 order while submitting that they were detained in end term examination due to shortage of attendance.

In the submission, the petitioner has regarded the order as illegal and arbitrary as she was allowed to sit for the V semester exams and then got attendance for the VI semester. She further added that she never received any information from the University, despite making multiple representations, about whether they were eligible to sit for the V semester exams in the first place.

The Petitioner also relied upon Clause 9.2 of the Ordinance which stated that the Dean of the School/Director/Principal shall announce the names of all such students who are not eligible to appear in the semester term end examination at least 5 calendar days before start of the examination and simultaneously intimate the same to the Controller of the examination.

She thus called the allegation of non-display of notice about aggregate of attendance an "afterthought".

The University argued that the parents were sent individual letters by speed post on 09.09.2017 and 13.11.2017 and a Notice dated 09.11.2017 was also published where the students were advised to see their cumulative aggregate attendance.

The University further argued that the petitioner wasn't issued the Admit Card by the answering respondent based on the said notice even after that, she illicitly appeared in the Vth Semester on a false plea that she had misplaced her admit card.

Hearing on the submission, the Court thus observed that the University issued the Notice on 28.11.2017 whereas admittedly the practical exams had begun on 13.11.2017 which proves that the Notice was also issued much after the commencement of examination.

The Court thus observed:

'This is so as the said stipulation of giving 5 calendar days advance notice to the students before start of examination informing them that they are not eligible to appear in the semester examination is a stipulation for the benefit of the students. It brings certainty to the procedure for stopping a student from sitting in an examination on the grounds of shortage of attendance. It is manifest from the events that have been stated above that the respondent failed to comply with the said provision of Clause 9.2 of the Ordinance in question.'The petitioners were allowed to give the Vth semester and thereafter, to sit in the classes in the month of January for the VIth semester. It is only on 30.01.2018 that they were stopped from further attending the VIth semester classes. The respondent cannot be allowed to ignore clause 9.2 of the Ordinance and act contrary to the same.'

In light of the above, the Court directed the University to declare the Petitioner's results from V to VIII semester while directing the respondants that they are free to organize appropriate additional classes for her and may charge reasonable pro rata expenses for the same.

The order has been delivered by Justice Jayant Nath on 16-06-2020.

Read Order Here:

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