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2025 Supreme(Del) 266

IN THE HIGH COURT OF DELHI AT NEW DELHI
DINESH KUMAR SHARMA, J.
 
Soham Bhattacharya And Others - Petitioners
Versus
The Faculty Of Law University Of Delhi Through Its Dean And Another - Respondents
W.P.(C) 81 of 2025
Decided on : 08-01-2025
 

Advocates Appeared:
For the Petitioner:Mr. Kirti Uppal, Sr. Advocate with Mr. Harvinder Singh, Ms. Archisha Satyarthi, Ms. Rishita Bhadana and Mr. Vardan Sharma, Advocates
For the Respondent:Mr. Mohinder J.S. Rupal, Mr. Hardik Rupal and Ms. Aishwarya Malhotra, Advocates for DU

The court emphasizes the need for timely issuance of examination schedules by universities while respecting their autonomy in academic matters.

Headnote:

(A) Constitution of India - Articles 226 and 227 - Examination schedule - Petition filed seeking quashing of examination schedule for odd semester examinations of the Faculty of Law, University of Delhi - Court emphasizes the need for universities to manage their administration while considering students' welfare - Court refrains from interfering with the revised date-sheet but advises timely issuance of future date-sheets. (Paras 1, 6, 10)

(B) Educational Institutions - Autonomy - Courts should exercise caution in interfering with academic matters, allowing institutions to manage their affairs unless exceptional circumstances arise. (Paras 8, 9)

Facts of the case:
The petitioners challenged the examination schedule issued just days before the exams, causing practical difficulties for students, including overlapping exam dates.

Findings of Court:
The court advises the Dean to ensure future date-sheets are issued at least 15 days prior to exams and to consider student representations compassionately.

Issues: The main issues were the timing of the revised date-sheet and the implications for students' examination performance.

Ratio Decidendi: The court ruled that while it respects the autonomy of educational institutions, it also recognizes the necessity of timely communication regarding examination schedules to protect students' interests.

Result: The present petition along with any pending application stands disposed of.

ORDER :

DINESH KUMAR SHARMA, J.

1. The present petition has been filed under Article 226 & 227 of the Constitution of India, seeking quashing/setting aside/revision of the examination schedule for odd semester examinations of the Faculty of Law, University of Delhi, issued on 03.01.2024.

2. Mr. Mohinder J.S. Rupal, learned counsel for the respondents, has produced the notification dated 05/06.11.2024, which is reproduced as under:-

3. Learned counsel for the respondents submits that, vide order dated 19.12.2024 issued by the Prof. Anju Vali Tikoo, Dean and Head of the Faculty of Law, remedial classes were scheduled to be held from 23.12.2024 to 04.01.2025. It was further directed that examinations for the LL.B.-I/III/V Semesters would commence from 06.01.2025 onwards.Learned counsel for the respondents further submits that a revised date-sheet was subsequently issued. It has been further submitted that certain changes were made in the revised date-sheet to address representations made by the students. Furthermore, it is submitted that the Dean and Head of the Faculty of Law took into account the students' concerns while preparing the revised date- sheet.

4. Mr. Kirti Uppal, learned Senior Counsel for the petitioners, has fairly submitted that it is not the intention of the petitioners to disrupt the entire examination schedule. He submits that the issuance of the revised date-sheet at the eleventh hour on 03.01.2025, just three days before the commencement of the examinations on 06.01.2025 has caused practical difficulties for the students. By way of illustration, learned senior counsel has points out that petitioner no. 1 is required to appear in two exams scheduled for the same date, i.e., 13.01.2025: LB-104/2024 (Bharatiya Nyaya Sanhita, 2023) and LB-505 (Principles of Taxation Law).

5. Learned Senior Counsel submits that, as a result, the petitioner and many other similarly placed students will be unable to perform to their full potential, which may adversely affect their results. He, therefore, suggests that the University devise a mechanism to address such situations in the interest of the students' welfare. He further submits that the Faculty of Law should issue date-sheets well in advance to provide students sufficient time for preparation. He points out that universities typically release date-sheets approximately 15 days prior to the commencement of examinations, as was done by the Faculty of Law with the date-sheet issued on 21.11.2024.

6. It is a well-settled proposition that, while hearing such petitions, courts must consider the challenges faced by students. At the same time, they must also respect the need for universities to manage their administration in accordance with established rules and regulations. Not all students approach the court with their grievances; those who do may serve as representative cases to highlight common issues.

7. Before proceeding further, the Court wishes to make two points clear, first, this Court is reluctant to interfere with the administration of the Faculty of Law, University of Delhi. However, the Court strongly urges the Dean of the Faculty of Law to take all administrative decisions, including the issuance of date-sheets, with due regard for the interests of the students. There is no dispute that students must be given adequate notice before the commencement of examinations. Universities are expected to enforce rules strictly but also with compassion, recognizing the students' welfare.

8. After hearing both the parties at some length the Court considers that this Court should be very slow in interfering with the administration of University of Delhi which is a premier University of this Country, except in the exceptional circumstances. It is a settled principle in law that Educational Institutions should be allowed to retain their autonomy and expertise in managing academic and disciplinary matters, with judicial intervention limited to exceptional circumstances involving the interpre

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