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IN THE HIGH COURT OF DELHI AT NEW DELHI
D.N. Patel, Jasmeet Singh, JJ.
Parth Sarthi Yadav - Appellant
Versus
All India Council Of Technical Education & Ors - Respondent
L.P.A. No. 67 of 2021
Decided On : 17-03-2021
DELAY - Letter Patent Appeal - Section 5 of the Limitation Act, Section 10 of the Letter Patent Appeal Act - [Section 5 of the Limitation Act, Section 10 of the Letter Patent Appeal Act of Delhi High court] - The court allowed the condonation of delay in filing the appeal under Section 5 of the Limitation Act and dismissed the appeal under Section 10 of the Letter Patent Appeal Act, holding that there was no provision for a 'Second Mercy Attempt' and that the appellant's case of illness during the examination was belied by the documents on record.
Fact of the Case:
The appellant sought to set aside an order and obtain directions to allow him to appear in one paper for his Diploma in Civil Engineering. The appellant failed to clear the Applied Mathematics-II paper and filed a writ petition seeking relief based on illness during the examination.
Finding of the Court:
The court found that there was no provision for a 'Second Mercy Attempt' and that the appellant's case of illness during the examination was belied by the documents on record. The court dismissed the appeal.
Issues: The issues involved the appellant's request for relief based on illness during the examination and the availability of a 'Second Mercy Attempt'.
Ratio Decidendi: The court held that there was no provision for a 'Second Mercy Attempt' and that the appellant's case of illness during the examination was not supported by the documents on record.
Final Decision: The court dismissed the appeal, finding no error in the judgment and order of the learned Single Judge.
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 issued by the respondent No.2 Board of Technical Education, a candidate can clear all the papers within two years beyond the period of three years.
II. It is further an admitted case that the appellant could not clear all the papers within the 2 years, over and above the 3 years. Even after the period of 2 years the appellant was left with three papers namely:
a) Hydraulics,
b) Applied Mathematics-II and
c) Element of Electrical Engineering.
III. Since the appellant was not able to clear the above 3 papers within the 2 years over and above the 3 years, a mercy chance was given by respondent No.2. A committee had been formed under the Chairmanship of JD (Plg.) to examine the eligibility and norms for the students to appear in the Mercy Examination of December, 2018 and with the subsequent approval of Hon'ble Dy. CM/Minister of Education and the following was decided:
a) Only one chance will be given to candidate to pass including theory and practical examination of their full Diploma course.
b) In future, no such opportunity will be provided to the students who are eligible to appear in the mercy chance examination held in December-2018.
c) No such opportunity on any ground shall be provided in future, except in the condition of natural calamities and disaster.
d) This will not be treated as precedent for future.
3. In the mercy chance, the petitioner appeared in the examination of the three papers. It is also admitted that the appellant cleared the other 2 papers namely, Hydraulics and Elements of Electrical Engineering but failed in the Applied Mathematics-II paper. Since the appellant did not clear the paper of Applied Mathematics-II, consequently he was not awarded a diploma. It is in this view of the matter, that the appellant filed W.P.(C) No. 4616/2020 seeking the following prayers: -
"(a) Issue of writ of mandamus or any other appropriate writ or directions, thereby directing the Respondents to allow the Petitioner to appear for his paper i.e. Applied Mathematics-I1 under mercy chance.
(b) Direct the Respondents No.1 & 2 to provide marks sheet for the papers which Petitioner appeared in mercy chance.
(c) Pass such other and further order as this Hon'ble Court deems fit and proper in the interest of justice."
4. The case of the appellant in the writ petition was that on 19.12.2018, the petitioner was suffering from high fever, when he appeared in the examination for Applied Mathematics-II, and within one and a half hours of his examination, he fainted and was rushed by the guard and his family members to the doctor.
5. A medical certificate dated 26.06.2019 was also annexed, certifying that the appellant was under doctor's treatment from 18.12.2018 to 19.12.2018 for viral fever.
6. The learned Single Judge considered the entire material before him as well as the c
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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