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The Delhi High Court yesterday directed Delhi University (DU) to publish the examination results of a group of law students who were debarred from appearing in the end-semester examination due to shortage of attendance, within three days.
These students were, pursuant to the Court’s interim order, allowed to sit for the University’s end-semester examination.
The Court further stated that students who have passed the said examination would be “permitted to prosecute their studies further in accordance with the Bar Council of India Rules” and those who fail in the examination would be given one more opportunity to appear in the forthcoming supplementary examination.
The order was passed by a bench of Chief Justice Rajendra Menon and Justice V Kameswar Rao in a batch of appeals by law students seeking an exception to the July 6 order by a single Judge Bench. The July 6 order had quashed the DU notification to detain the students from appearing for their end-semester exams on account of shortage of attendance.
The Single Judge Bench had also allowed other detained law students, who were not granted any relief in the interim order, to write the supplementary exams.
The declaration of results was, however, made subject to these students attending the extra classes and thereby making up for their attendance shortage.
Clarifying that the directions are applicable only to the students who approached the Court seeking an exception to the judgment, the Court stated that the order shall not be treated as a precedent as it was passed in the “peculiar facts and circumstances of this case”.
Delhi University had preferred a Letters Patent Appeal against the single judge order on the ground that the interpretation given to Rules 10 and 18 of the Bar Council of India Rules pertaining to mandatory teaching hours, as well as the relief granted for holding extra classes for the students, are totally contrary to law.
The University has pleaded that the relief, if given effect, would not only create complications for the law students who were before the Court. Moreover, it would derail the admission process for its LL.B. course.
Senior Advocate Arvind Nigam appeared for DU, while the law students were represented by Senior Advocate Kirti Uppal with Advocates Himansh Dhupar, Ashish Virmani, Samrendra Kumar and Rajesh Mishra.