Point of law: It would normally be prudent, wholesome and safe for the courts to leave the decisions to the academicians and experts. As a matter of principle, the courts should never make an endeavour to sit in appeal over the decisions of the experts. The courts must realise and appreciate its constraints and limitations in academic matters.

JUDGMENT :

1. By way of this writ petition, the petitioner seeks improvement/correction of his results for the 4th semester of the B.A. (Hons.)(English) course [hereinafter, “the course”] in the respondent No.1- University of Delhi [hereinafter, “the University”].

Facts

2. The petitioner joined the course in the year 2018. The duration of the course is three years, with each year comprising of two semesters. This writ petition concerns a notification dated 04.06.2020 [hereinafter, “the notification”], issued by the University in the wake of the COVID-19 pandemic. The petitioner’s result for the 4th semester was computed in terms of the notification.

3. The writ petition, as originally filed, sought quashing of the notification. However, at the very first hearing, i.e. on 02.06.2021, it was noted that the petitioner’s contention was, in fact, based upon an interpretation of the notification which, according to him, entitled him to an improvement in his 4th semester results. The petitioner, therefore, sought leave to amend the writ petition, which was allowed by an order dated 11.06.2021. The writ petition, as amended, seeks the following reliefs:

“(1) Quashing the Order/Decision not to take/allow the improved/corrected/revised CGPA & SGPA of the Petitioner and the Candidate, which was issued by the Dean (Examination) of University of Delhi for academic session 20 19-20.

(2) Direct the Respondent No. 1 to correct 4th Semester SGPA to 6.535 from 5.57 on the improved 3rd Semester SGPA from 3.86 to 5.79 of Petitioner for the Courses for which the Petitioner applied.

(3) Direct the Respondent No. 1 to correct 2nd Year CGPA from 5.68 to 6.165 bases on improved SGPA of 3rd & 4th Semester for the Courses for which the Petitioner applied.

(4) Direct the Respondents to take/allow the improved/corrected/revised CGPA & SGPA of the Petitioner for the Courses for which the Petitioner applied.

(5) Pass any other or further Order or Orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case in the interest of Justice and to meet the ends of Justice.”

4. Upon the onset of the COVID-19 pandemic, and consequent disruption in the normal functioning of the University, the University was required to adopt alternative mechanisms for assessment and promotion of its students. The notification sought to address this need. It concerns grading/results of the intermediate semester students for all courses in the University. The relevant extracts of the notification are as follows:-

“In view of the prevailing situation of Covid-19 Pandemic, it is notified hereby to all concerned that the Intermediate semester/term/year students shall be graded with adopting alternative mode for the same as conducting examinations for Intermediate Semester/Term/Year students (second semester/term/ Ist year and fourth semester/term/IInd year students) in the conventional mode i.e. pen and paper is not feasible as per the existing government norms of maintaining social distancing and safety and health of the students .The matter was intensively deliberated in the bodies i.e. 'Task Force constituted by the University in view of Covid-19 and the Working Group on Examinations, based on which it has been decided that as one-time measure, alternative mode of grading for promotion/results shall be adopted as per composite format for calculating the same for the Intermediate semester/term/year students for the academic session 2019-2020 so that students of university can take their career forward.

Students of intermediate semester/term/year. The grading to the students could be composite of 50% marks on the basis of the pattern of internal evaluation/assignment based evaluation adopted by the university/colleges/faculty/Centre wherever applicable and the remaining 50% marks can be awarded on the basis of performance in previous semester/term/year only.

For students of intermediate semester/term/year, having no previous performance i.e. having no marks in prev