IN THE HIGH COURT OF DELHI AT NEW DELHI
Purushaindra Kumar Kaurav, J.
Ranjan Kumar S/o Manoj Paswan – Appellant
Versus
The University of Delhi, Through Its Registrar – Respondent
W.P.(C) 2572 of 2023 & CM APPL. 9851 of 2023
Decided On : 14-03-2023
University Examination - Denial of Opportunity - University of Delhi - Articles-14, 19, 21 of the Constitution of India - LB-401 - Notification dated 28.04.2022
Fact of the Case:
The petitioners sought relief to challenge the denial of opportunity to sit for the Annual Examinations of March/April to the Faculty of Law, University of Delhi, based on a notification dated 28.04.2022. The petitioners had failed to clear the repeat exam for their IVth semester subject, Constitutional Law-II (LB-401). The respondent-University allowed certain ex-students to take the Centenary Chance examination in failed/arrear subjects, but the petitioners were not allowed to sit for the concerned exam.
Finding of the Court:
The court found that the petitioners were not entitled to appear in the concerned examination as per the notification dated 28.04.2022, which specified the eligibility criteria based on the year of admission and completion of degree. The court dismissed the petition as the notification was not specifically challenged, and there was no vested right for the petitioners to avail extra opportunities to clear the examinations.
Issues: The issues revolved around the denial of opportunity for the petitioners to sit for the examination based on the eligibility criteria specified in the notification dated 28.04.2022 and the challenge to the said notification.
Ratio Decidendi: The court held that a specific challenge is required to be made to the concerned notification on specific grounds, and vague relief cannot be granted unless an appropriate challenge is made. Additionally, the court emphasized that there is no vested right for the petitioners to avail extra opportunities to clear the examinations.
Final Decision: The instant petition was dismissed by the court along with pending application.
JUDGMENT
Purushaindra Kumar Kaurav, J. (Oral)--Learned counsel appearing on behalf of the petitioner prays for the following reliefs:
"a. Call for the records including the notifications/circulars/executive instructions of the Respondents apropos the conduct of the Annual Examinations of March/April to the Faculty of Law, University of Delhi vide which an opportunity to sit for the examinations was denied for the Petitioners and the like and issue a Writ in the nature of Mandamus or any other appropriate writ or direction or order for quashing the same as illegal, arbitrary, capricious, discriminatory and malicious and as ultra vires the due process of law and in violation of the statutory provisions of the University of Delhi and Articles-14,19 and 21 of the Constitution of India also the precedents laid down by the Hon'ble Courts from time to time and/or;
b. Issue a Writ in the nature of Mandamus or any other appropriate writ or direction or order to direct the Respondents to allow the Petitioners and the like who pursued the LLB course after 2015-26 from the Faculty of Law to sit for the arrear papers during the Annual examination session of March/April 2023 and/or;
c. Pass any other or further order/s or directions as this Hon'ble Court deems fit and proper in the attendant facts and circumstances of the case."
2. Learned counsel for the petitioners states that the petitioners had failed to clear the repeat exam held in August 2022, for their IVth semester subject, Constitutional Law-II (LB-401). He further states that the respondent-University vide notification dated 28.04.2022 allowed all the ex-students of final year of Under Graduate/Post Graduate/Professional Courses, who could not complete their degree within the stipulated period of 6 years, to take the Centenary Chance examination in failed/arrear subjects, to be conducted in March/April 2023. The petitioners' grievance is that they have not been allowed to sit for the concerned exam.
3. As per the counter-affidavit filed by the respondent-University, it can be seen that the petitioners are not entitled to appear in the concerned examination, in view of the notification dated 28.04.2022. As per the said notification, only the students who were admitted during or before 2015-2016 and could not complete their degree within the stipulated period therein are entitled to appear in the said examination. The petitioners were admitted in the year 2017, 2018 and 2019 and are still pursuing their degree and hence, cannot avail the benefit of the said notification. The relevant paragraphs of the counter-affidavit are reproduced hereunder:
"2. With regard to the Petitioners, it is submitted that the Petitioners had taken admission in the year 2017, 2018 and 2019 and their span period is valid upto May/June, 2023, May/June, 2024 and May/June, 2025 according to their year of examination. It is submitted that the Petitioners are not eligible for the Centenary Chance Examination as they are within the currency of span period.
9. In the matter in hand, the Petitioners who are clearly covered by the examination rules and supplementary rules of University of Delhi, are trying to take the benefit of the Centenary Chance Examination 2022 although they are not eligible."
4. Learned counsel appearing on behalf of the petitioners states that he has challenged the said notification, whereby, the respondent-University has denied the petitioners the opportunity to appear in the concerned examination.
5. A perusal of the relief clause indicates that the notification dated 28.04.2022 is not specifically challenged. As has been held by the Hon'ble Supreme Court in its decisions in the cases of Krishna Priya Ganguly vs. University of Lucknow & Ors., (1984) 1 SC 307; Om Prakash & Ors. vs. Ram Kumar & Ors., (1991) 1 SCC 441 and Manohar Lal v. Ugrasen, (2010) 11 SCC 557 the court cannot grant a relief which has not been specifically prayed for by the parties. Since the notification in question is not
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