Delhi HC Refuses To Grant Interim Relief To Law Student Who Was Detained From Appearing In Semester Exam Due To Short Attendance
The Delhi High Court has refused to grant interim relief to a law student at Delhi University who was detained from appearing in V-semester examinations.
The bench of Justice Sanjeev Narula noted that the attendance of the law student was only 46.94%, which is well below the 70% minimum attendance requirement, a pre-requisite for appearing in the examinations.
The Court noted that the petitioner-student had attended classes sporadically throughout the semester. The Court held that the minimum attendance criteria is a requirement that cannot be glossed over.
Petitioner’s case is that he fractured his hand in an accident while playing football. He was advised complete bed rest for a month and as result he could not meet the minimum attendance criteria for appearing in the V-semester examinations.
M.K. Gahlaut, counsel for Petitioner submitted that no reasons have been provided for the detention.
It was further added that the petitioner was advised complete bed rest from and as a consequence, he was unable to attend the classes. To buttress this contention, he places reliance on a medical certificate.
Advocate Mohinder J.S. Rupal appeared for Respondents.
The Court observed that whether there was indeed such medical advice given is not discernible from the medical prescriptions of the same doctor.
Further, the Court noted that the attendance of Petitioner is only 46.94%, which is well below the 70% minimum attendance requirement, and even if the period is excluded when the Petitioner was allegedly unable to attend classes on account of a fracture of his hand, his attendance would still fall short of the 70% minimum attendance requirement.
“As held in Naincy Sagar (supra) attendance of a minimum percentage of classes prescribed in professional courses such as LL.B. is non-negotiable. Importance of attending lectures for imbibing the syllabus/curriculum in a given semester, the most efficient way of learning, must be underscored.”, the Court observed.
“For the foregoing reasons, the Court is not inclined to grant any interim order and accordingly the application is dismissed.”, the Court held.
Cause Title- Arjun Anand v. University of Delhi & Ors.
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