RIYA YADAV vs UNIVERISTY OF DELHI AND ANR
$~57
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 5586/2024 & CM APPL. 23051/2024, CM APPL. 23052/2024
RIYA YADAV ….. Petitioner
Through: Mr. Ashu Bidhuri, Mr. Surapram Singh, Mr. Kamal Singh, Satyansh Gupta, Ms. Sona Lal and Mr. Manish Kumar, Advocates.
versus
UNIVERISTY OF DELHI AND ANR ….. Respondents
Through: Mr. Mohinder. J.S. Rupal, Mr. Hardik Rupal and Ms. Komal Aggarwal, Advocates.
Mr. Santosh Kumar, Mr. Devansh Malhotra and Ms. Nidhi Rani, Advocates.
CORAM:
HON’BLE MR. JUSTICE C. HARI SHANKAR
O R D E R
% 25.04.2024
CM APPL. 23052/2024 (Exemption)
1. Allowed, subject to all just exceptions.
2. The application is disposed of.
W.P.(C) 5586/2024 & CM APPL. 23051/2024 (Stay)
3. The case that the petitioner seeks to set up in this writ petition is that, though she secured admission to the B.Sc. programme in Physical Science, provided by the Swami Shraddhanand College, University of Delhi, after having been admitted to the said course consequent to mop-up round on 20 October 2023, she was never issued any enrolment number by the college or by the University, as a result of which he could not attempt her first semester examinations.
4. According to the petitioner, she has duly attended her second semester classes, and now seeks permission to attempt the second semester examinations.
5. Mr. Mohinder J.S. Rupal, learned Counsel for the University of Delhi, submits, on instructions, that the entire case that the petitioner seeks to make out is a figment of the petitioners imagination. He has handed over, to the court, a communication dated 22 April 2024 from the Swami Shraddhanand College to the Controller of Examination, apropos allowing the petitioner to attend classes and attempt her internal and external examinations in the second semester.
6. The communication purports to respond to a representation dated 27 March 2024, of the petitioner. It reads thus:
1. All the students who took admission in mop-up round filled their examination forms and took the examinations in December 2023. College was in regular touch with the University Examination Branch and all the students for Enrollment No. More than 10 students were facilitated to fill their examination forms. (Their enrollment no. generated on 13.12.2023).
2. She was never in touch with the college. Her enrollment number was generated quite in advance (in 1st lot). She never operated her DU portal for enrollment no.
3. Her admission has never been cancelled from the college. Regarding her attendance in the college, as per college records, she attended classes as follows:
Subject
No. of classes attended
EVS
4
Chemistry
3
Physics
0
Mathematics
1
4. All her failures are due to negligence on her part only and College/University has no role to play in that.
7. The Court queried of Mr. Ashu Bidhuri, learned Counsel for the petitioner, as to whether there was any evidence to indicate that the petitioner was actually not issued any enrolment number and that the default in that regard lay with the University or the college. Notably, the petitioner has not addressed a single communication to the college complaining that she was not issued any enrolment number or that she was not issued any admit card or that, owing to these facts, she was unable to attempt her first semester examinations. Nor did the petitioner take recourse to any judicial remedy in that regard and it is only at the fag end of the second semester, when the time has come to attempt the second semester examinations, that she has chosen to petition this Court.
8. Mr. Bidhuri has also not been able to draw the attention of the Court to any rule, regulation or other binding document which would entitle the petitioner to attempt the second semester examination. Nor has any such rule or regulation been placed on record.
9. Given the contents of the letter dated 22 April 2024, and the aforenoted facts, it cannot be said that the petitioner has succeeded in making out a prima facie case in her favour, so as to persuade the Court to allow her to attempt her second semester examinations, even as an interim measure.
10. The Court is ordinarily indulgent, when it comes to interim orders permitting a student for appearing in examinations, keeping in mind the fact that, in normal cases, the balance of convenience is in favour of the student. However, if the facts stated in the letter dated 22 April 2024 are treated to be correct, this is an unusual case.
11. Prima facie, the petitioner appears to have lackadaisical in dealing with her own affairs and has also been casual in her studies. In these circumstances, I am not convinced that the petitioner has made out a prima facie case as would justify passing of an interim order allowing her to appear in the examinations.
12. Mr. Bidhuri submits that the examinations are scheduled to commence on 12 May 2024.
13. In these circumstances, the only indulgence that the Court can show is, while issuing notice to show cause as to why rule nisi be not issued, to direct the respondents to file their respective counter affidavits, if any, on or before 4 May 2024 with advance copy to learned Counsel for the petitioner who may file rejoinder thereto, if any, before the next date of hearing.
14. Re-notify on 9 May 2024 for disposal.
C.HARI SHANKAR, J
APRIL 25, 2024/dsn
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W.P.(C) 5586/2024 Page 2 of 2