- Apprentice Lawyer
- Legal Jobs
As interim relief to a Delhi University law student who was detained for shortage of attendance on account of her pregnancy, the Supreme Court on Friday allowed her to attend classes for the next semester.
The student was detained in the IV semester of the three-year LL.B. course for failing to attend the requisite number of classes, and thus sought permission to appear in the end semester examination.
A Division Bench of Justice Kurian Joseph and Justice AM Khanwilkar issued notice to Delhi University in an appeal preferred by the student against the order of the Delhi High Court declining any relief to her on account of Rule 12 of the Bar Council of India’s Rules of Legal Education.
The order of the Single Judge Bench was upheld in appeal before the Division Bench of the High Court.
It is the petitioner’s stance that Delhi High Court in denying any relief to her, has erred in equity as well as in law. It was contended that as per Rule 2(9)(d) of Ordinance VII of Chapter III of Delhi University, a married woman who remains on maternity leave is entitled to the benefit of relaxation in attendance for the said period, while calculating her attendance.
The Supreme Court held in its order,
“The petitioner is permitted to attend the classes at her own risk, on completion of the required formalities.”
The petitioner was represented by Advocates Padma Priya, Ashish Virmani and Himanshu Dhuper.
Read the SC order:
Read the Delhi HC order: