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2025 Supreme(Del) 758

IN THE HIGH COURT OF DELHI AT NEW DELHI
DEVENDRA KUMAR UPADHYAYA, C.J., TUSHAR RAO GEDELA, J
Ananya Bansal - Appellant
Versus
Delhi University & Ors. - Respondents
LPA 132 of 2025 & CM APPL. 10778 of 2025
Decided on : 21-02-2025

Advocates Appeared:
For the Appellant :Mr. Pramod Tripathi, Advocate
For the Respondent:Mr. Mohinder J. S. Rupal with Mr. Hardik Rupal, Ms. Aishwarya Mulhotra and Mr. Neetesh P., Advocates

Attendance requirements in professional degree courses are crucial, and courts will not relax them without compelling justification.

Headnote:(A) Article 226 of the Constitution of India - Professional course - Attendance requirements - The appellant, a student of LLB, challenged her exclusion from the examination due to attendance below the required 70% threshold. The university's attendance regulations were upheld as sacrosanct, asserting the need for academic discipline in professional courses. (Paras 6-8)

(B) Judicial Discipline - The courts must avoid rewarding non-compliance with institutional rules, emphasizing that ignoring academic requirements undermines the integrity of professional education. (Paras 7, 8)

Facts of the case:
The appellant was notified as being in the final list of detainees due to insufficient attendance, after previously not being listed, and was prevented from appearing for her upcoming exams. The university held an attendance requirement of 70% for exam eligibility.

Findings of Court:
The court ruled that the appellant's information about her attendance was known upon the payment of fees, confirming her lack of eligibility. The learned Single Judge's decision stressing adherence to attendance rules was affirmed.

Issues: The main issues include the reasonableness of the university's adherence to attendance requirements and the appellant's claim regarding the timing of her notification concerning attendance.

Ratio Decidendi: The court concluded that maintaining stringent attendance is vital for professional courses and that deviations should not be entertained unless justified by compelling circumstances. The integrity of academic discipline must be upheld.

Result: Appeal dismissed.

Table of Content
1. appellant's enrollment and attendance issues. (Para 1 , 2)
2. arguments concerning notification and fairness. (Para 3 , 4)
3. court's strict adherence to attendance rules. (Para 5 , 6 , 7 , 8)
4. conclusion dismissing the appeal. (Para 9)

JUDGMENT :

TUSHAR RAO GEDELA, J.

1. Present appeal has been preferred under Clause X of Letters Patent assailing the judgement dated 11.02.2025 passed by the learned Single Judge in W.P.(C) 263/2023 titled “Ananya Bansal vs. Delhi University & Ors.”, whereby the learned Single Judge has dismissed the writ petition filed on behalf of the appellant seeking permission to appear in the examination of IIIrd Semester of LLB.

2. Appellant claims to be presently enrolled as student in the IIIrd Semester at the Faculty of Law, University of Delhi, in Bachelors of Laws (L.L.B). The respondent no.2 released a provisional list of detainees on 22.12.2024, notifying all the students who were unable to meet the minimum attendance criteria set by the college authorities. The appellant’s name was not in the provisional list of detainees, whereas, the final list published by the respondent on 04.01.2025 had the name of the appellant and therefore she was not issued the admit card for the concerned semester exams. Aggrieved by the same, the appellant filed the underlying writ petition seeking permission to appear in the examination and also sought removal of her name from the list of detainees. However, the learned Single Judge dismissed the underlying writ petition of similarly situated students including the appellant.

3. Mr. Pramod Tripathi, learned counsel appearing for the appellant has addressed the same arguments which were submitted before the learned Single Judge. The contention is that the appellant was never informed of shortfall/shortage of her attendance by the faculty of law, which according to him, was an obligation of the respondent/university. According to learned counsel, the name of the appellant, having not figured in the provisional list of detainees brought out on 22.12.2024, assured her that her attendance was of the requisite percentage stipulated by the university. Subsequently, upon discovering that the appellant’s fee had not been paid, the appellant rectified the situation when the respondent/university reopened the fee portal. He submits that it was then that the appellant was informed orally that she had been provisionally detained and was required to take remedial classes.

4. Learned counsel contends that it was only on 04.01.2025, when the list of final detainees was notified, that the appellant came to know her attendance was short of the required percentage. According to the learned counsel, the appellant could not be blamed for the lapses of the respondent- University. He forcefully contends that her name figuring in the final list of detainees as late as on 04.01.2025, i.e., just short of 3 days when the third semester examination was to be held on 07.01.2025, is arbitrary, whimsical, capricious, unjust and unfair on the part of the respondent/university. He contends that the University cannot be permitted to take advantage of its own lapse and play with the future of students like the appellant. On the aforesaid submissions, learned counsel prays that the impugned judgment of the learned Single Judge be set aside and the appellant be permitted to complete her LLB course.

5. We have heard learned counsel for the appellant and closely examined the detailed judgment of the learned Single Judge and are not persuaded by the submissions urged on behalf of the appellant.

6. From the aforesaid submissions, it is clear that the appellant indeed had information relating to shortage in attendance when she deposited the unpaid fee in time. Apparently, despite attending the remedial classes, it is on record that her total percentage of attendance is only 54%. This has been clearly recorded by the learned Single Judge in the impugned order. The rules of the respondent/university p

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