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2007 DAILYLAW 2235 (DEL)

NEERA DADHWAL v. VICE CHANCELLOR, UNIVERSITY OF DELHI

2007-09-12

Sanjiv Khanna

body2007
( 1 ) THE appellant has challenged Order dated 5th September, 2007 passed by the learned Single Judge dismissing her application C. M. No. 12294/2007. ( 2 ) WE have heard the appellant who has appeared in person. The appellant is studying Law from Campus Law Centre, Faculty of Law, University of Delhi. The said course has six semesters spread over a period of three years. ( 3 ) THE appellant has cleared four semesters but was not allowed to join the 5th Semester. This prompted her to file W. P. (C) No. 17455/2006. By interim order dated 4th May, 2007, the appellant was permitted to appear in the 5th semester (supplementary examination) that was to be conducted in May-June, 2007 with a direction that her results would not be declared and no special equities shall arise in her favour. The Court also clarified that merely because the appellant was being permitted to take the examination, it would not come in her way to take admission in the 5th Semester, if she qualifies in 15 subjects of the 1st , 2nd , 3rd and 4th Semester taken together. ( 4 ) THE Writ Petition was disposed of vide judgment dated 20th August, 2007 with a direction that the appellant would be admitted to 5th Semester and her results for the 5th Semester supplementary examination should be declared. The court also directed that the appellant will be permitted to make up deficiency in attendance, if any, in the 5th Semester and will be admitted to the 6th semester at the end of the term in January, 2008 subject to her fulfilling the attendance norms and other conditions. ( 5 ) THEREAFTER, the appellant filed application being C. M. No. 12294/2007 seeking modification of the judgment dated 20th August, 2007. The appellant prayed that she may be permitted to take 6th Semester supplementary examination of 2007. The said prayer has been rejected by the impugned Order dated 5th september, 2007. ( 6 ) HAVING heard the appellant, we do not find any merit in the Appeal and agree with the findings recorded by the learned Single Judge in the Order dated 5th September, 2007. Learned Single Judge has specifically noticed that her claim to appear in the 6th Semester examination was declined as it would have violated the attendance norms. ( 6 ) HAVING heard the appellant, we do not find any merit in the Appeal and agree with the findings recorded by the learned Single Judge in the Order dated 5th September, 2007. Learned Single Judge has specifically noticed that her claim to appear in the 6th Semester examination was declined as it would have violated the attendance norms. Degree in law is a professional course and attendance norms must be adhered to and strictly followed. The Writ Petition filed by the appellant was allowed only on 20th August, 2007 and by an earlier order dated 4th May, 2007 she was permitted to appear in the supplementary examination for the 5th Semester. Before the said date she was not permitted to attend classes for the 5th and 6th Semester. Before the learned Single Judge the appellant had submitted that she was in fact attending the 5th and 6th Semester classes but her attendance was not being marked. These are disputed questions of fact. Learned Single Judge in the impugned judgment dated 20th August, 2007 considered various aspects and has given directions under which the appellant has been permitted to make up deficiency of attendance in the 5th Semester and shall be admitted to 6th Semester at the end of the present term, i. e. January, 2008 and thereafter on the appellant's fulfilling the attendance norms she will be permitted to appear in the 6th Semester examination. In view of the above, we do not find merit in the present Appeal and the same is dismissed.