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DELHI HIGH COURT
PRATEEK JALAN
Vipin – Appellant
Versus
University of Delhi – Respondent
| Table of Content |
|---|
| 1. petitioner seeks permission for exam attempt. (Para 1 , 3 , 4 , 5 , 6 , 7) |
| 2. court's analysis of examination timeline. (Para 2 , 9 , 14) |
| 3. arguments related to span period and notification. (Para 8 , 12 , 13) |
| 4. petitioner's right to appear despite timeline lapse. (Para 11) |
| 5. petition allowed; no costs order. (Para 15 , 16) |
JUDGMENT
Prateek Jalan, J. (Oral)
The proceedings in the matter have been conducted through video conferencing.
1. The petitioner is pursuing an LL.M. course from University of Delhi ["the University"]. He has filed this writ petition seeking permission to appear in the Intellectual and Industrial Property Laws-I (LM-1018) paper in December 2020.
2. At the outset, it is recorded that learned counsel for the parties have no objection to the petition being heard by this bench, although I was a member of the Division Bench which heard the petitioner's appeal against an interim order passed in this petition.
3. The petitioner enrolled for the LL.M. course in 2014. The duration of the course was three years (6 terms). Under the University's rules and regulations, all the papers for the LL.M. course had to be cleared within six years (known as t
A university must provide personal communication regarding changes in examination schedules to avoid unfairly denying students their opportunity to complete their course.
The court found it unreasonable to deny the candidate the opportunity to complete the degree based solely on the span period rule and did not consider it appropriate to put the onus entirely upon the....
University may grant one-time exam permission beyond regulations on merits.
University may sympathetically allow one-time extension for course completion beyond regulations on merits.
The judgment established the principle that students have a limited number of attempts within a specified span period to clear their LL.B courses, and they are not entitled to special examinations af....
The main legal point established in the judgment is that the number of opportunities for completing the LL.B. degree course cannot exceed the permissible opportunities as per the applicable rules and....
University may permit LL.B. redo candidates to write exams under exceptional N+2+1 extension upon document submission.
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....
A writ petition seeking permission to appear for an examination becomes infructuous if filed after the examination has commenced.
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