The main legal point established is that the calculation of attendance should consider the date of admission, and the power to exclude lectures for calculating attendance should be exercised in cases of lapses by the respondents.

ANIL KUMAR, J.

( 1 ) THE petitioner has prayed for a writ of certiorari or any other writ or direction quashing or setting aside the order dated 2nd December, 2005 passed by respondent Nos. 2 detaining the petitioner from appearing in third semester LLB examination on account of shortage of attendance.

( 2 ) BRIEF facts to comprehend the controversies are that petitioner contended that he had been a first class student throughout his life scoring 85% marks in his secondary examination and after graduating the petitioner joined the LLB course at Law Centre I, Faculty of Law, University of Delhi, New Delhi. The petitioner qualified all the papers of the first semester. The result of the petitioner for the second semester examination was not declared due to UFM (unfair means) case against him. The petitioner was, therefore, denied admission to second year LLB course which commenced on 2nd August, 2005 and which continued till 9th August, 2005 though he had approached for admission 4th august,2005.

( 3 ) THOUGH the petitioner was eligible for admission to the third semester (2nd Year) as he had already cleared minimum of five papers as per the requirement under the rules, however, he was not given admission and was finally granted admission after his case for unfair means was decided by a communication dated 13th"september, 2005 whereby his examination in one of the papers, Paper vii, was cancelled.

( 4 ) THE petitioner was, however, given admission on 22nd September, 2005 after he had re-applied for admission on 14th September, 2005. On re-applying for admission on 14th September, 2006, he was declined admission on the ground that last date for admission was over though when the petitioner had applied for admission between 2nd August, 2005 to 9th August, 2005 on 4th August,2005, it was represented to the petitioner that he would be given admission once his result for the second semester would be declared. The petitioner had made representation to the Registrar on 15th September, 2005 against not granting him admission in accordance with rules and regulations which was finally granted on 22nd September, 2005. The rules regarding Bachelor of Law (LLB) Degree, according to the petitioner, were stipulated in a Brochure which was given to him prior to his joining the course. The promotion rules stipulated were as follows:"promotion Rules:-A student of the First, Third and Fifth term will be promoted to the second, Fourth and Sixth Term respectively, irrespective of the number of courses in which he/she has failed to pass or failed to appear in the First, third of Fifth Term Examinations: Provided that he or she has not been detained on account of shortage of attendance in First, Third or Fifth Terms examinations, as the case may be. Provided further that no such student shall be admitted to the Third or fifth Term unless he/she has passed in at least five courses offered by him/her for the first and Second Term Examinations taken together in case of promotion from I year to II year and in at least fifteen courses offered by him/her for the first, Second, Third and Fourth Term examinations taken together incase of promotion from II year to III year of the LL. B. course. Note:- The student eligible for admission to III/iv Term must seek admission not later than two weeks from the date (s) of announcements of the results of LL. B. II/iv Term Annual Examinations or within one week of commencement of classes, whichever is later, failing which they will forfeit their right to be admitted to III/v Term. "

( 5 ) THE petitioner attended classes from 22nd September, 2005 and his attendance was 95% as he attended 63 classes out of 65. According to rules of the respondent, a candidate is liable to study at least 66% of the lectures to be entitled for a degree of LLB. The relevant rule regarding attendance is as follows:-"in the case of students studying for the LL. B. Degree examination, no student shall be deemed to have pursued a regular co