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DELHI HIGH COURT
D.N.PATEL, JASMEET SINGH
Parth Sarthi Yadav – Appellant
Versus
All India Council of Technical Education – Respondent
| Table of Content |
|---|
| 1. undisputed facts of the case. (Para 2 , 3 , 4 , 5) |
| 2. legal competence and examination rules. (Para 6 , 17) |
| 3. sympathy cannot override legal rules. (Para 11 , 12 , 13) |
| 4. rules on completion time and mercy chances. (Para 14 , 15 , 16) |
| 5. no error in dismissing the lpa. (Para 18 , 19) |
JUDGMENT
Jasmeet Singh, J. (Oral)
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 undis
Established academic rules must be adhered to, and courts cannot grant relief based solely on sympathy if it contradicts legal competence and authority.
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.
The legal principle established is that sympathy cannot be the basis for a court order, and a party must demonstrate a prima facie case for interference in a service matter.
The court upheld the maximum 8-year period for completing the MBBS course, ruling that no interim relief could be granted due to absence of a prima facie case.
When the disciplinary proceedings subject to challenge are dropped and the petitioner is exonerated, an appeal against such proceedings becomes redundant and lacks substance, though the party retains....
The finding on the Appellate Authority's power to condone delay in filing the appeal will remain a mere finding if the writ petition is ultimately allowed.
An appeal is not maintainable if it does not qualify as a judgment affecting vital rights, reaffirming procedural limits under the Payment of Gratuity Act.
The court ruled that grace marks in examinations cannot be granted without legal or regulatory support, upholding academic integrity.
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