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2003 Supreme(Del) 252

High Court Of Delhi
S.N.SINGH - Appellant
Versus
UNION OF INDIA - Respondent
Civil 6784 of 2002
Decided On : 03/12/2003

Advocates Appeared:
Jayant Bhushan, MOHINDER S.RUPAL, SANJIV SACHDEVA, SIMA NAIR, V.SUDHIR

Headnote:Eduction - Law Faculty — Promotion of students to Second and Third year LL.B Course — Requirement of passing five papers for students of First year LL.B to be promoted to Second year and fifteen papers for Second year students to be promoted to Third year as prescribed by - Delhi University Ordinances and Rules — No relaxation permissible — Attendance rules to be amended in consistence with the rules framed by the Bar Council of India — Directions issued for future — Delhi University Act, 1922, Sections 4, 7, 17, 23 — Statutes of University, Statute 11. Held:

       By order dated 36 10.2002 promotion of students to the Second and Third year of LL.B. Course which was in contravention of the rules was stayed. Some of the students moved applications that the order should be vacated. It was alternatively contended that they be allowed to submit the examination forms for the ensuing exams. On 29.11.2002 the interim order dated 30.10.2002 was confirmed.

       In matters pertaining to education no court can permit total violation of the norms. LL.B. Degree Course is expected to produce trained legal minds, ready to take on the challenges of the 21st Century.

       For future, directions contained above, namely, no relaxation would be given from the requirement of clearance of 5 or 15 papers as the case may be for promotion to the third and fifth term shall be adhered to by the University, further, the attendance rules shall be amended by the University of Delhi and shall be brought in conformity with the attendance rules framed by the Bar Council of India. The permissible relaxation would be as per the rules framed by the Bar Council of India arid manner of exercise shall be as so framed there under.

PRADEEP NANDRAJOG, J.

( 1 ) "law school has been described as a place for the accumulation of learning. First year students bring some in; third year students take none away. Hence it accumulates. " Said Daniel R. White. If the present state of affairs continue in University of Delhi, this may well be the epitaph of the Faculty of Law.

( 2 ) THE petitioner is a Professor of Law in the Faculty of Law, University of Delhi. At the time of filing of the writ petition petitioner was Head of Law Centre-2 and was functioning as Professor-in-charge.

( 3 ) BEING in the field of legal education, petitioner expressed his concern at the fast declining standards of legal education in the University of Delhi; in particular the falling standards of discipline amongst the standards.

( 4 ) PRAYERS made in the writ petition are as under:-

"a) Issue a Writ in the nature of Mandamus commanding the respondent No. 1 to promote only those students of LL. B. First year who have passed five papers and those students of LL. B. Second year who have passed fifteen papers as prescribed under the University Ordinances and rules:

B) Issue a Writ in the nature of Prohibition restraining the respondent No. 1 from promoting any student of LL. B. First and Second year course contrary to Delhi University Ordinances and rules:

C) Issue a Writ in the nature of Certiorari quashing Ordinance X-C framed by Respondent No. 1 which confers arbitrary, uncanalised and discriminatory powers on the Academic Council to relax the statutory provisions of the Ordinances.

D) Issue a Writ in the nature of Prohibition restraining Respondent No. 1 from passing any order for relaxation/exemption from 2/3rds attendance at lectures as prescribed by the Bar Council of India and a Writ in the nature of Certiorari quashing the attendance rules of the University of Delhi which are inconsistent with the Bar Council of India rules framed on the subject.

E) Issue directions for calling the records of all applications received from the students of LL. B. seeking relaxation from the promotion rules and the records of the Academic Council and Standing Committee (Students for the last three years with regard to the relaxation of the promotion rules.

F) Issue necessary directions to the Bar Council of India to prescribe minimum number of lectures in every course which should be delivered for the students out of which the students must attend at least two-thirds of the lectures delivered. "

( 5 ) UNIVERSITY of Delhi was constituted under the "delhi University Act, 1922". The University was created to provide for instruction in such branches of learning as the University may think fit and to make provisions for, amongst others, advancement and dissemination of knowledge. To achieve this object, the University was empowered to hold examinations and to confer degrees on persons, who had pursued a course of study in the University or in any college under the University. Section 4 of the Act reads as under:-

4. THE University shall have the following powers, namely:

(1)TO provide for instruction in such branches of learning as the University may think fit, and to make provision for research and for the advancement and dissemination of knowledge,

(2)TO hold examinations and to grant to, and confer degrees and other academic distinctions on, persons who - (a) have pursued a course of study in the University or in any College, or (b ). . . . . . . . . . . . . . . . . . . . . . . . (c ). . . . . . . . . . . . . . . . . . . . . . . . (d ). . . . . . . . . . . . . . . . . . . . . . . . (e ). . . . . . . . . . . . . . . . . . . . . . . . "

SECTION 7 of the Act reads as under:- "7. (1) All recognised teaching in connection with the University courses shall be conducted under the control of the Academic Council by teachers of the University, and shall include lecturing, laboratory work and other teaching conducted in accordance with any syllabus prescribed by the Regulations. (2)Omitted. (3)The authorities responsible















































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