Decided on January 12,2007



ANIL KUMAR, J. - (1.) The petitioner has prayed for a direction to the respondent to promote/admit the petitioner to third term LL.B Programme and permit him to clear second term LLB Programme as per the University rules applicable to those students who failed to clear the second term examination in first attempt and such other directions as may be deemed appropriate in the facts and circumstances.?
(2.) The facts to comprehend the disputes are that the petitioner appeared in LL.B Entrance Test 2005 for admission to three-year LLB Degree Course in the University of Delhi and was admitted at Campus Law Centre, Chhatra Marg, North Campus and was allotted Roll No.252.
(3.) The LL.B. Degree Course offered by University of Delhi is of three years and each year has two terms and, therefore, the entire course comprises of six terms and in each term there are five papers. According to the petitioner, the pass percentage for each paper is 45%. For the LLB Degree course, the attendance rules contemplate that the candidates are required to attend 66% of the lectures in each subject including moot court and practical training. The relevant rules for attendance and for promotion of a candidates in LLB Program are as under:- ATTENDANCE RULES:- 1. Students pursuing LL.B programme are required to attend 66% of the lectures in each subject including moot courts and practical training. 2. In exceptional cases for reasons to be recorded and communicated to the Bar Council of India, Dean Faculty of Law/ Professor-in-Charge of the Law Centre may condone attendance short of those required by this rule, if the student had attended 66% of the lectures in the aggregate per semester examinations. 3. The Professor-in-Charge shall have the power to detain and strike off name of a student in case of gross irregularity in attendance. "PROMOTION RULES A student of the First Term LL.B Programme will be promoted to the Second Term, irrespective of the number of courses in which he/she has failed to pass or failed to appear in the First Term examinations: Provided that he or she has not been detained on account of shortage of attendance in First Terms Examinations. A student will be promoted to Third Term LL.B. Programme only in those cases where he/she has passed at least five courses offered by him/her at the LL.B. first and Second Term Examinations taken together. Note: There shall be no readmission in the First year LL.B Programme.";

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