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D. N. PATEL, JASMEET SINGH
Parth Sarthi Yadav – Appellant
Versus
All India Council Of Technical Education & Ors – Respondent
JUDGMENT
Jasmeet Singh, J. - Cm APPL. 5678/2021(exemption)
Allowed, subject to all just exceptions.
The application is disposed of.
CM APPL. 5679/2021-DELAY OF 20 DAYS IN FILING THE APPEAL
This application has been preferred under Section 5 of the Limitation Act for condonation of delay of 20 days in preferring the LPA.
Having heard the learned counsels for both sides and looking into the reasons stated in this application, there are reasonable reasons for the condonation of delay. We, therefore, condone the delay in filing LPA.
LPA 67/2021
1. The present appeal has been filed under Section 10 of the Letter Patent Appeal Act of Delhi High court, seeking to set aside the impugned order dated 21.12.2020 passed in W.P.(C) No. 4616/2020 and further directions to the respondents to allow the appellant to appear in one paper i.e., Applied Mathematics II.
2. Briefly stating, the undisputed facts are as under: -
I. The appellant was pursuing the course of Diploma in Civil Engineering with Respondent No. 3 i.e., Chotu Ram Rural Institute of Technology. As per the curriculum, a candidate has to pass 36 papers for being awarded the Diploma. The course is for three years. As per the instructions issue
The main legal point established is that the absence of a specific provision for a 'Second Mercy Attempt' and the need for evidence to support claims of illness during an examination.
Established academic rules must be adhered to, and courts cannot grant relief based solely on sympathy if it contradicts legal competence and authority.
The court determined that the university's denial of examination permission based on attendance was arbitrary, emphasizing the need for adherence to judicial directives and consideration of individua....
The validation of engineering degrees obtained through distance education occurs upon passing the AICTE test, and promotions must reflect the original date of the degree, restoring status quo ante.
The main legal point established in the judgment is the importance of adhering to the conditions and eligibility criteria for university scholarships, the prospectus/handbook having the force of law,....
The court emphasized that significant delays in filing appeals must be justified by a reasonable and bona fide explanation, failing which the application for condonation of delay will be dismissed.
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