On Tuesday, the Delhi High Court said that the Delhi University cannot expect students to have a minimum of 70% class attendance in order to sit for exams if the classes will not be taken for an entire period prescribed for a course.
A Bench of Chief Justice D.N. Patel and Justice Prateek Jalan said that students cannot be asked to have 70 percent minimum class attendance while only 40% of the prescribed study period is used for teaching. This was told to the Delhi university while the bench was hearing a law students’ plea who was unable to sit for his first semester exams last year on medical grounds.
A notice was also sent to the Bar Council of India, the center, and the University by the High Court seeking their stand on the appeal of the student in a single judge order of November last year. The judge had dismissed his plea where he had sought a waiver of a shortage of attendance and to allow him to sit for his first semester exams.
His plea was dismissed by the single judge on the ground that the requirement of maintaining minimum was non-negotiable in professional courses.
On Tuesday, a bench headed by the Chief Justice told the BCI and the varsity that there should be some mechanism to take care of the students like the petitioner who have been suffering from an illness since March 2017 for which there is no certain and clear diagnosis.
Abhishek Singh, the petitioner, has been suspected with typhoid but there is also another possibility that he might be suffering from tuberculosis. The Bench was told by his lawyer Kamal Mehta that last year, the first semester began from September 1, 2020, and the exams were held in December 2019.
Singh’s lawyer said, during the hearing via video conferencing, that representations were made to the University to allow the student to sit for the first semester exams, in spite of the lack of attendance, taking into account his continuing illness.
However, the university did not respond in any way and he was later told that his name will be struck off the varsity rolls.
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On Tuesday, the varsity was asked by the High Court to confirm the date of the commencement of the first-semester exam last year and when the exams were held.
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The students’ lawyer has also been asked by the court to find out the minimum period of study required/prescribed for the LLB course by DU and whether it was being adhered to or not.
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