AVANIJA SUNDARAMURTI Vs. UNIVERSITY OF DELHI
HIGH COURT OF DELHI
UNIVERSITY OF DELHI
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BADAR DURREZ AHMED, J. -
(1.) The question that arises in this petition is whether the attendance is
to be counted from the date of commencement of classes or from the date of
admission of a student to the first semester of the LLB course offered by the
Law Faculty of Delhi University.
(2.) The facts are that the petitioner appeared in the entrance examination
for admission to the said course. The said entrance examination for the
academic sessions 2005-2006 was held by the Law Faculty some time in June, 2005.
The petitioner ranked 35th in the order of merit in the said entrance
examination. Counselling for the same was concluded on 22.7.2005. The
petitioner has been called for counselling because of her position in the order
on merit. Unfortunately, the result of her BA (Honours) in Journalism had not
been declared till then. The said examination was also conducted by the Delhi
University. On 22.7.2005, at the time of counselling, she was unable to
produce her mark sheet/provisional certificate as the results had not been
declared. As a result of which she did not secure admission at that point of
time. Apparently, her result was declared on 1.8.2005. When she approached the
Law Faculty after the declaration of her results, because she had the merit,
the University ultimately granted her admission on 20.9.2005. The lectures for
the first semester commenced on 1.8.2005.
(3.) The case of the petitioner is that she could not attend any lecture
between 1.8.2005 to 20.9.2005 because she was not admitted to the said course.
It is her case that after she was admitted, she had attended virtually 100% of
the lectures offered. It is an admitted position that, as per her attendance
record, she would have about 45% attendance in respect of the total number of
lectures delivered between 1.8.2005 and the conclusion of the first semester.
It is also an admitted position that if the lectures delivered between 1.8.2005
to 20.9.2005 are excluded then the petitioner would have more than 66%
attendance in the lectures in the aggregate for the period 20.9.2005 till the
conclusion of the first semester. It was contended on behalf of the petitioner
that the period between 1.8.2005 to 20.9.2005 ought to be excluded in computing
the attendance of the petitioner. This writ petition has proceeded on the
assumption that the attendance requirement of 66% is to be construed in the
context of the lectures delivered in the first semester alone. The issue
whether the attendance is to be taken semester wise or year wise is the subject
matter of other writ petitions which we need not to go into as this petition can
be disposed of on the assumption that the requirement of attendance is semester-wise.;
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