In a recent judgment, the Supreme Court deliberated on a student’s challenge against a university’s decision to deny permission for appearing in an examination. The Court’s analysis focused on the legal principles surrounding the dispute, emphasizing fairness and adherence to rules and regulations. Let’s explore how the Court’s decision impacts student rights and academic procedures.
Facts
- In this part of the judgment, the Supreme Court considered the arguments presented by the student challenging the decision of the University.
- The student contended that the denial of permission to appear in the 4th Semester LLB Examination was unjust and arbitrary.
- The Court analyzed the facts and legal principles involved in the case to determine the validity of the student’s claims.
- After a detailed examination of the issues raised, the Court arrived at a decision regarding the student’s appeal against the order of the learned single judge and the division bench.
- The Court’s findings and reasons for either upholding or overturning the lower courts’ decisions are outlined in this section.
- The petitioner completed the first 3 semesters without any hindrance.
- The petitioner appeared for the examinations of the 4th, 5th, and 6th Semesters.
- Due to a strike by the Delhi University Teachers’ Association, the University could not conduct the required number of classes as per Bar Council of India Rules.
- The petitioner was detained and not permitted to write the 4th Semester Examinations.
- The petitioner filed a Writ Petition in the High Court seeking permission to appear for the 4th Semester Examinations, but it was dismissed.
- An intra-court appeal was filed by the petitioner, but it was also dismissed.
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Arguments
- The petitioner joined the 3-year LLB Course at Law Centre-II, Faculty of Law, University of Delhi in August, 2016.
- At the time of joining the course, the petitioner was already married for about 5 months.
- Learned counsel for the petitioner and the University were heard during the proceedings.
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Analysis
- The petitioner has completed the course in its entirety.
- Results of all semester examinations except the 5th Semester Supplementary Examination have been declared.
- The dispute in the SLP, relating to the 4th Semester, does not survive for active adjudication due to subsequent developments.
- The petitioner has written the 5th and 6th Semester Examinations and received results for all semesters except the 5th Semester Supplementary Examination.
- Adjudication of the dispute in the SLP will be of academic interest only, as the petitioner has completed the course and taken all relevant examinations.
- IA and the SLP are disposed of, with the University directed to declare the 5th Semester Supplementary Examination results for the petitioner and issue the provisional degree and necessary certificates if passed, pending other formalities.
- The order is made based on the unique facts and circumstances of the case.
- Date and signatures of the judges: CJI (S.A. Bobde), J. (A.S. Bopanna), J. (V. Ramasubramanian), New Delhi, January 22, 2021.
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Decision
- The application for directions was heard on 19.11.2018.
- The respondent-University stated that the applicant would be allowed to appear in the examination if she is qualified.
- The application for directions was disposed of on the same day.
- The Court ordered the issue of notice in the Special Leave Petition on 05.10.2018, with the result subject to the outcome of the petition.
- An interlocutory application for directions was allowed on an unspecified date in 2019.
- The respondent-University was directed to permit the applicant to attend the classes of VI Semester as per the Court’s order dated 05.10.2018, upon completion of the required formalities.
Case Title: ANKITA MEENA Vs. UNIVERSITY OF DELHI (2021 INSC 42)
Case Number: SLP(C) No.-026484 / 2018
