KUSUM KHANNA Vs. MOTHER ACQUINAS

JUDGEMENT

(1.) Is a writ petition maintainable against the Principal of a private college recognised by the University of Delhi in accordance with the Delhi University Act, 1922 and the Statutes and Ordinances framed thereunder ? Is the Principal of such a college bound to grant an opportunity to a student to show cause why she should not be prevented from appearing at her examination on the ground of shortage of the required attendance before debarring her from such examination on such a ground ? In exercising a statutory discretion to exclude periods of serious illness etc. in calculating the attendance of a student, is the Principal justified in being guided by her own administrative policy ? These questions arise in this and the connected writ petitions (Civil Writs 411, 465 to 470, 478 and 568 of 1975) in the following context.

(2.) The University of Delhi is established as a teaching and affiliating University by the Delhi University Act, 1922. Section 2(a) of the Act defines a "college" to mean an institution maintained or admitted to its privileges by the University. Jesus & Mary College is a private college admitted to the privileges of the University. Section 2(d) of the Act defines "'Principal" to mean the Head of a College. Under section 4(2) (a) the University has the power to hold examinations and to grant degrees to persons who have pursued a course of study in the University or in any college. Under sections 30 and 31 of the Act, the Executive Council of the University may make Ordinances subject to the provisions of the Act and the Statutes to provide for, inter alia, conduct of examination and maintenance of discipline among students. Ordinance VII-Conditions for Admission to Examinations-provides that :--

(3.) Thirty students of the Jesus & Mary College were prevented by the Principal from appearing at their examinations at the end of the academic year 1974-75 on the ground of shortage of attendance.