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1975 Supreme(Del) 151

V.S.DESHPANDE, YOGESHWAR DAYAL
KUMKUM KHANNA – Appellant
Versus
MOTHER ACQUINAS – Respondent


Advocates Appeared:
B.C.AGRAWAL, F.Anthony, G.L.SANGHI, M.C.BHANDARE, P.C.CHANDI, P.R.MRIDUL, S.BHANDARI, S.P.AGARWAL, V.P.Chaudhary

( 51 ) SHE says that between January to March 1975 there were 4 or 5 occasions when she was not well and had an attack of influenza due to which she could not attend the College. She is prepared to adduce sufficient evidence in support of her illness. The Principal has given the stereo-type reply that no leave of absence was applied for and no medical certificate was submitted till the end of the academic year. But the petitioner is entitled to show that she was disabled from attending the College when she was down with influenza on 4 or 5 occasions from January to March, 1975. Her pica regarding written tutorials as a substitute for attendance tutorials is not covered by Ordinance VII. The detention order against her is set aside and the Principal is directed to give her a hearing as to her absence due to influenza on 4 or 5 occasions during the period from January to March, 1975.

( 52 ) HER absence was due to her father's death and her mother's illness. This reason is not covered by Ordinance VII. The only possible relief she could get was from the Vice-Chancellor and the Academic Council under Ordinance XA. Unfortunately, her representation under Ordinance XA has been rejected.










































































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