Delhi HC Tells DU On Law Student's Plea To Allow Giving Back Exams Separately
Updated: Sep 14, 2020
The Delhi High Court has asked the Delhi University to file a reply within one week subject to payment of Rs. 5000 as a cost on the petition filed by final law year students of the Faculty of Law, seeking permission to give their supplementary examinations for those exams which they have not passed in the first to fourth semesters. The Hon'ble Delhi High has made it amply clear that DU has to file the reply within one week and no further opportunity shall be granted to them.
On 28.7.2020 the Bench of Justice Pratibha M Singh had observed that the University of Delhi has filed a short counter affidavit. The Court had directed DU to file a further affidavit detailing the following:
(i) Was there a system of holding supplementary examinations for odd semesters for final semester students along with the examination for the final semester and if so when was the same discontinued?
(ii) Whether DU requires any approval from the Bar Council of India for holding the Supplementary examinations and if so, whether it has received the same for the new system?
After hearing the Petitioners' counsel today, Advocate Amit Kumar Sharma that the University has not filed a reply, in spite of the direction from the Court to file detail reply within 4 weeks. The bench of Justice Pratibha M Singh has directed the University to file detail reply in the matter. Counsel for Petitioners, Advocate Amit Kumar Sharma argued that he is challenging the legality of impugned notification of DU of 22.08.2017, and also informed the court that DU has not replied to RTI filed by them.
The Petitioners had approached the High Court against the new scheme introduced by the University as per which a final year student, who has not cleared any examination from the first to fourth semesters, may appear for those examinations at the "regular examination" held at the end of each Term. After this, it was said that no other opportunity would be granted if the affidavit was not filed within one week thereafter.
Lastly when the DU Counsel requested the matter to be taken up through video conferencing. The following was decided: the matter is listed on 7th October through video conferencing.