Delhi High Court denies interim relief to DU law student debarred from semester exam

The Delhi High Court recently refused to grant interim relief to a Delhi University third-year law student who has been debarred from appearing in the semester examination due to short attendance.

A bench of Justice Sanjeev Narula said, "The Court, however, remains unconvinced as the Petitioner has attended classes sporadically throughout the semester, and the minimum attendance criteria is a requirement which cannot be glossed over."

The order has been passed in a petition filed by a third-year law student seeking direction to strike his name from the debarred list issued by the Campus Law Centre and allow him to appear in the V semester examinations.

It has been argued that the student had fractured his hand and was suggested complete rest due to which he was unable to fulfill the minimum attendance requirement of the University.

Advocate MK Gahlaut appearing for the Student submitted that no reasons have been provided for the detention and the lists are entirely non-speaking on this aspect. Additionally, it was submitted that the student has genuine reasons to explain the shortage, which have been overlooked.

Furthermore, Gahlaut contended that the University itself has not conducted a minimum number of classes, as required by the Bar Council of India, and therefore, it is the University that is at fault for the shortage of attendance and there is no good ground to detain the student from appearing in the forthcoming examinations.

However, the bench has been informed that the Student's attendance is only 46.94%, as against the minimum requirement of 70%. It has also been confirmed that even if the Student is given the benefit of the aforenoted period (i.e., November 16, 2022, to December 16, 2022), on account of medical exigency, he would get the benefit of 40 lectures and his attendance would consequently rise to 59%, which would still be falling short of the minimum requirement of 70%.

In view of the above, the bench opined that: "The Court, however, remains unconvinced as the petitioner has attended classes sporadically throughout the semester, and the minimum attendance criteria is a requirement which cannot be glossed over. As held in Naincy Sagar (supra) attendance of a minimum percentage of classes prescribed in professional courses such as LL.B. is non-negotiable."

Additionally, the bench while denying any interim relief opined that "importance of attending lectures for imbibing the syllabus/curriculum in a given semester, the most efficient way of learning, must be underscored."

Case Title: Arjun Garg Vs. University of Delhi & Ors.