The court upheld the right to education by allowing provisional admission despite attendance issues, emphasizing that the result would be subject to the petition's outcome.

1. The present petition has been filed under Article 226 of the Constitution of India with the following prayer:

“(a) Direct the Respondent no. 1 to hand over the admit card of the petitioner for 6th semester end term examination to his mother and permit the petitioner to appear him for 6th semester end term examination starting 06.06.2024. (b) Further Direct the respondent no. 1 & 2 to co-ordinate in order to enable the petitioner to appear for 6th semester end term examination starting 06.06.2024 (c) Pass any other order which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.”

2. Issue notice.

3. Learned counsel appearing on behalf of the respondent has accepted the notice.

The Order is downloaded from the DHC Server on 07/06/2024 at 14:01:52

4. The brief facts are that the petitioner got admission in Maharaja Agrasen College which is affiliated to Guru Gobind Singh Inderprastha University, Delhi in BBA, in the year 2019.

5. In June 2020, the petitioner cleared the second and third semester examinations. In April 2021, the petitioner was booked in Case FIR No. 330/2021 under Sections 302 and 201 of the IPC, 1860. The petitioner was arrested on 26.04.2021. The petitioner was released on interim bail on 28.06.2022. In February, 2023, the petitioner reappeared in the first semester end term examination. Subsequently, the petitioner was granted in custody permission to appear in fourth semester end term examinations held in the month of July 2023 for which the result was announced in the month of August 2023.

Similarly, the petitioner was granted in custody permission to appear in fifth semester end term examination held in the month of December,

2023.

6. In may, 2024, the petitioner requested the respondent for issuance of his admit card for the sixth semester examination. However, this time, the respondents denied the petitioner to appear in sixth semester examination. On 01.06.2024, petitioner has been granted custody on parole for appearing in fourth semester examination.

7. Learned counsel for the petitioner submits that now he has to appear in fourth semester examination (reappear) scheduled to be held on 11.06.2024 for which he has been given the admit card. However, the petitioner has not been given admit card for the sixth semester examination which is to be fixed for 06.06.2024.

8. Learned counsel for the respondent has appeared through VC and has The Order is downloaded from the DHC Server on 07/06/2024 at 14:01:52

submitted that in fact the petitioner does not fulfill the attendance criteria. It has been submitted that the admission card was issued inadvertently and after finding that the petitioner does not have the requisite attendance, the same was withdrawn in accordance with the rules.

9. Let the respondent file the reply.

10. However, the Respondent No.1 is directed to issue a Provisional Admit Card to petitioner No.1 for appearing in sixth semester end term examination on 06.06.2024.

11. The petitioner is permitted to appear for the sixth Semester end term examination without prejudice to the rights and contentions of the respondents. However, the result of the petitioner shall be kept in a sealed cover and will be subject to the outcome of the present petition.

12. Jail Superintendent is also directed to take the petitioner in custody, to the examination centre at Kasturi Ram College of Higher Education, Narela, Delhi-110040 affiliated to GGSIPU in accordance with the Prison Rules. The expenses shall be borne by the petitioner in accordance with law.

13. Copy of this order be sent to the Jail Superintendent. 14. List before Roster Bench on 12.07.2024. 15. Copy of this order be given dasti under the signature of Court Master.