In the recent ruling, the Delhi High Court directed Delhi University (DU) to allow the petitioner to continue her second semester of the BA Honours English course despite her non-payment of fees for the first-semester examination. The court’s decision underscores the importance of equity and factual considerations in academic matters. Honourable Mr Justice C. Hari Shankar delivered the judgement on 19 February 2024.
In this case, the petitioner Vanshika, enrolled herself in the B.A.(Hons.)course at Kalindi College for Women, DU in October 2022. She encountered some issues while attempting to undertake the first-semester examination in February 2023, due to a failed transaction of payment, which resulted in her not receiving an admit card. Despite not being able to take the first-semester exam, she was assured by the authorities that she could take it later along with her third-semester examination. She attended second-semester classes and paid fees for her second-semester examination in June 2023. She sat for the exam in October 2023 but Delhi University did not release the result. Undeterred, she attended third-semester classes from August 2023 and paid fees for the second year. She tried to fill out an examination form for 3rd semester, but DU denied her permission without explanation. Vanshika then filed a Writ petition seeking DU to declare her second-semester result, to allow her to take the 3rd-semester exam and continue her course without losing academic progress.
The court after a thorough analysis of the notifications and guidelines relevant to the case as well as legal precedents cited by both parties, concluded that the petitioner was eligible to appear in the first-semester examination of her B.A. Honours English course, despite not paying the examination fees. The court highlighted the distinction between eligibility and entitlement. Eligibility refers to meeting the qualification for a course while entitlement pertains to the right to undertake an examination The failure to pay fees did not render her ineligible but affected her entitlement to take the Examination.
The court found the notifications cited by the respondent’s counsel to be inapplicable to the petitioner’s situation. Additionally, the court deemed clause 4 of the NEP-UCGF-2022 Guidelines unworkable and unenforceable, as it incorporated conditions impossible to comply with. The petitioner had attended second-semester classes, applied for examinations, and attempted them, which the university allowed without any objection. There was no statutory or administrative prohibition against her entering the second semester under the circumstances. The court stated that the petitioner has fulfilled all the requirements except for paying the first-semester examination fees. Consequently, it would be unjust to reset her progress and force her to start her course anew.
The Court ruled in the favour of the student, directing DU to declare her second-semester examination result and allow her to continue with her studies subject to fulfilling all requisite formalities including payment of fees for both semesters.
The Delhi High Court’s verdict, in this case, sets up a precedent for ensuring fairness and equity in academic matters. The court safeguarded the student’s right to pursue her education without any undue hindrance.
CASE NAME: VANSHIKA Vs UNIVERSITY OF DELHI & ANR.
NAME: SHOBITA, COURSE: B.A.LL.B, COLLEGE: GURU NANAK DEV UNIVERSITY, AMRITSAR, INTERN UNDER LEGAL VIDHIYA
Disclaimer: The materials provided herein are intended solely for informational purposes. Accessing or using the site or the materials does not establish an attorney-client relationship. The information presented on this site is not to be construed as legal or professional advice, and it should not be relied upon for such purposes or used as a substitute for advice from a licensed attorney in your state. Additionally, the viewpoint presented by the author is of a personal nature.
