L.N. Mittal, J. - (1.) DEFENDANT No. 1 Institute of Technology and Management (in short, the Institute) having failed in both the courts below has come up by way of instant second appeal.
(2.) RESPONDENT No. 1 -Plaintiff Ms. Shaina filed suit against Defendant No. 1 -Appellant and Defendant -Respondent No. 2 Maharishi Dayanand University, Rohtak. Facts in this case are not very much in dispute. The Plaintiff is student of Defendant No. 1 -Institute, for Information and Technology course for sessions 2008 -2012. The Plaintiff was admitted in the Institute in August, 2008 in first Semester and appeared in its examination in January, 2009. Second Semester was to commence from January, 2009, but due to some incidents in the Institute, the second Semester commenced late i.e. in last week of February, 2009.
(3.) PLAINTIFF 's case is that she suffered fever and was advised rest for 8 days from 24.03.2009 to 31.03.2009 by Doctors of Tirath Ram Hospital, Gurgaon. She was advised further rest by Doctors of General Hospital, Gurgaon. Consequently, her attendance fell short of the minimum requirement of 75%. However, Defendant No. 1 -Institute has power to condone the short attendance to the extent of 25% of the total lecturers inter alia on the ground of illness of the student as provided in the Ordinance of the University. On account of jaundice, the Plaintiff could not attend the classes and, therefore her attendance fell short but it was still above the mark of 50%. University issued roll number for the Plaintiff for appearing in second Semester examination. The Plaintiff even appeared in practical examinations of second Semester, which were conducted from 29.04.2009 till 03.05.2009. However, thereafter Defendant No. 1 detained the roll number of Plaintiff for the remaining (theory) examinations of second Semester. The Plaintiff filed suit against said action of Defendant No. 1.;