In a bizarre chain of events, the Delhi High court has ordered the University of Delhi to declare the results of the students who had been erstwhile debarred from examinations.
The verdict comes as a relief to those students, whose results had been detained by the varsity on the grounds of insufficient attendance. The University has been directed by the honourable court that the students who pass their examinations shall be allowed to continue with their courses as per the Bar Council of India rules. Considering the gravity of the situation, the University has also been directed to allow those students, who fail these examinations, to appear for the supplementary examinations.
It must be noted here that the students who had failed to meet the attendance quorum of the University, had been allowed to appear for the End Semester examinations through an Interim Order on the same case, which was received on 6th July 2018.
The University, on its behalf, had filed a Letters Patent Appeal against the interim order passed by the Single Judge Bench on 6th July 2018, stating that the interpretation of Rule 10 and Rule 18 of the Bar Council of India, which deals with the minimum attendance quorum, as drawn by the Honourable Bench, was totally different from what they actually mean. According to the University, the relief given by the honourable court to the concerned students is totally contrary to what the law dictates.
This interim order, however, had not catered to the needs of all the students. There was a batch of students who had not been allowed to appear for the examinations. This time, the concerned Bench, comprising of Chief Justice Rajendra Memon and Chief Justice V. Kameshwar Rao, has allowed those students to appear for the supplementary examinations. Also, earlier, it was proclaimed that the results shall be declared in consultation with the fact that the candidates satiate the necessary attendance quota by attending extra classes/tutorials. However, the two-judge bench, clarifying that the decision was applicable only to the “peculiar facts and circumstances of the case”, delivered a gentle riddance to the students from this requirement, under the pretext that it was not the students’ fault if the classes had not been organised by the University.
On its behalf, Delhi University has pleaded that this unprecedented decision from the High Court shall force the varsity to face dire consequences. The fulfilment of the judgement, according to the University, shall not only create complications for those pupils who had appeared before the law, but also, it shall derail the entire admission process followed by the University for its L.L.B Course, thereby, making things exceedingly difficult.
The University of Delhi was represented by Senior Advocate Arvind Nigam, while the law students were represented by Senior Advocate Kirti Uppal along with Advocates Himansh Dhupar, Ashish Virmani, Samrendra Kumar, and Rajesh Mishra.
With inputs from Bar and Bench
Image Credits: Dslsa
Caption: Results of only those students who had approached the court will be released.
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