Full Judgment Text
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 15.12.2017
+ LPA 708/2017
MOHIT KADIAN ..... Appellant
versus
UNIVERSITY OF DELHI & ANR. ..... Respondents
Advocates who appeared in this case :
For the Appellant : Mr Sharvan Dev with Mr Pankaj Kashyap,
Advocates.
For the Respondents : Mr Amit Bansal and Ms Seema Dolo,
Advocates for R-1.
Mr S.Shekhar for Mr G.K.Pathak, Advocate
for R-2.
CORAM:-
HON'BLE MR. JUSTICE S. RAVINDRA BHAT
HON’BLE MR. JUSTICE SANJEEV SACHDEVA
SANJEEV SACHDEVA, J. (OPEN COURT)
1. By this appeal the Appellant impugns the order dated
26.09.2017 whereby the petition seeking a direction to the
respondents to allow the Petitioner/Appellant to submit his internal
examinations for the subjects of the Fifth Semester, has been
dismissed as being without any merit.
2. The Appellant was a student of B. Tech. with respondent
University and studying at the second respondent (hereafter referred
LPA 708/2017 Page 1 of 10
to as “college”). The Appellant also actively participated in NCC. The
Appellant attended the NCC Camp held from 26.10.2015 to
06.11.2015. On return from the Camp it was detected that the
Appellant was suffering from Chikungunya. The Appellant remined
ill for nearly 25 days.
3. On account of attending the NCC camp and illness, the
Appellant missed the Internal examinations of four papers of the Fifth
Semester which were held during the said period. The Appellant
approached the college authorities seeking permission to write the
internal examinations which he had missed, however the request was
declined. It is contended that the Appellant on 06.01.2015 gave a
representation to the college authorities seeking permission to
resubmit his internal assessments. The submission of the said
representation has not been substantiated before the learned Single
Judge. It is contended that even though the Appellant had not taken
the internal assessment examinations, he has, instead of being marked
absent, been awarded „0‟ (Zero) marks.
4. The Appellant, who claims to have been selected as a Sub-
Lieutenant for the Navel Electrical Branch in the Indian Navy,
however, on account of not having qualified the B. Tech Exam, is not
in a position to submit the result for the same. He once again
represented to the college on 05.06.2016 seeking permission to submit
his internal examination assignments and to take the house
LPA 708/2017 Page 2 of 10
examinations so that he could be marked for the internal assessments.
The College has forwarded a request to the respondent no.1 -
University on 14.06.2017 seeking approval for resubmissions of the
internal assessment marks of the Appellant as a One Time Measure.
The said request not having been acceded to, accordingly the
Appellant approached the Writ Court.
5. Learned Single Judge by the impugned judgment on an
appreciation of the Ordinance of the University held that it did not
permit resubmission of the internal assessments marks after the result
had been declared and accordingly, dismissed the petition as
meritless.
6. Learned counsel for the Appellant contended that firstly, the
rules did not stipulate that an application for resubmission of the
internal assessments had to be made prior to the declaration of the
results and; secondly, since the Appellant had not submitted the
assignment for internal assessments and not taken the house
examinations, the respondent could not have awarded the Appellant
„0‟ marks but should have marked the Appellant as absent which
would have entitled him to reappear in the internal assessments.
Thirdly, it is contended that a carry forward of „0‟ marks for the
internal assessment even for the theory papers in which he was
reappearing, in the facts and circumstances of the case is unwarranted.
7. Learned counsel for the college supported the case of the
LPA 708/2017 Page 3 of 10
Appellant and reiterated that they had on 14.06.2017, keeping in view
the peculiar facts and circumstances of the case that the Appellant had
been selected for the Indian Navy, requested the University to grant an
approval as a one-time measure for resubmission of the internal
assessment marks of the Appellant.
8. Learned counsel for the University reiterated the contentions
that any application for correction in the internal assessment marks,
had to be done before the result is declared. Further it is contended
that since the Appellant had been marked „0‟ in the internal
assessment examinations, the marks shall be carried forward for
subsequent improvement examinations and shall be taken into account
for assessing the qualifying percentage along with the result of the
improvement examination of the theory paper.
9. Since reliance is placed on Ordinance VIII-E of the University,
it may be expedient to refer to the relevant rules relied upon.
Ordinance VIII-E : Internal Assessment reads as under:-
“2. 25% of the maximum marks in each paper in
undergraduate courses shall be assigned for
Internal Assessment and the remaining 75% marks
for the annual/semester University Examination;
the time duration and other modalities of the
annual/semester Examination with respect to this
75% component shall remain as per existing
schemes of examination for various undergraduate
courses.
LPA 708/2017 Page 4 of 10
2.1.1 There shall be 10% weightage assigned to House
Examinations to be conducted by each college, for
all subjects in Pass course and B.Sc. (General)
and all papers of the main Subject in Honours
courses.
2.1.2 The duration of each paper in the House
Examination shall be the same as the duration in
the University Examination. The maximum marks
for each paper of the House Examination shall be
100 or the same as the maximum marks in the
corresponding University Examination.
*
2.2.1. Each student shall be assessed on the basis of
written assignments/tutorials as well as on the
basis of project reports/term papers/seminars.
There shall be 10% weightage for such written
assignment; and project reports / presentations /
term papers / seminars. Each student shall be
given at least one written assignment per paper in
each term, subject to a maximum of 12 written
assignments per year for all the papers taken
together.
*
2.2.3 There shall be 5% weightage of regularity in
attending lectures and tutorials, and the credit for
regularity in each paper, based on attendance,
shall be as follows:
More than 67% but less than 70% - 1 marks
70% or more but less than 75% - 2 marks
75% or more but less than 80% - 3 marks
80% or more but less than 85% - 3 marks
85% and above - 5 marks
LPA 708/2017 Page 5 of 10
[Medical certificates shall be excluded while
calculating credit towards marks to be awarded
for regularity, though such certificates shall
continue to be taken into account for the purpose
of calculating eligibility to appear for
examinations as per the existing provisions of
Ordinance VII 2.9.(a)(ii)]
*
6.1 In the case of students who repeat one or
more paper(s), or all papers of Part I or Part II or
Part III, the Internal Assessment marks shall be
carried forward.
*
8. In the case of a student who is selected as a
member of the N.C.C. to participate in the annual
N.C.C. Camps or is deputed to undertake Civil
Defence work and allied duties, or in the case of a
student who is enrolled in the National Service
Scheme and is deputed to various public
assignments by or with the approval of the Head of
the institution concerned, or a student who is
selected to participate in sports or other activities
organized by the Inter-University Board or in
national or international fixtures in games and
sports approved by the Vice Chancellor, or a
student who is required to represent the University
at the Inter-University Youth Festival, or a student
who is required to participate in periodical
training in the Territorial Army, or a student who
is deputed by the College to take part in Inter-
College sports, fixtures, debates, seminars,
symposia or social work projects, or a student who
LPA 708/2017 Page 6 of 10
is required to represent the College concerned in
debates and other extra-curricular activities held
in other Universities or such other activities
approved by the Vice Chancellor, the following
provisions will apply:-
8.1 A student in the categories listed above, will
have to fulfil the requirement of written
assignments and projects/term
papers/seminars/filed-work with the
flexibility, however, that he/she may, if
necessary, be allowed additional time for
submission of written assignments.
8.2 A student in the categories listed above, who
is unable to write the House Examination on
account of his/her participation in such
aforesaid activities, may be assessed by the
College through an alternative mode in lieu
of the House Examination. This may be done
only in exceptional circumstances.
8.3 A student in the categories listed above, will
get the benefit of attendance for Internal
Assessment for the classes missed as per the
existing provisions of Ordinance VII.2.(9)
(a) (i)
*
10. The Ordinance stipulates that 25 % marks are assigned for
Internal Assessment. The said 25% is further sub-divided with 5%
weightage for attendance and 10% to House Examinations leaving a
balance of 10% for written assignments and projects etc. The
Ordinance further provides that students of select category, inter alia ,
LPA 708/2017 Page 7 of 10
those selected to participate in annual N.C.C. camps would be allowed
additional time for submission of written assignments and a student
who is unable to write the House Examination on account of his/her
participation in specified activities may be assessed by the college
through an alternative mode in lieu of the House Examination, though
it may be done in exceptional cases.
11. The Respondent University has relied upon a communication
dated 11.11.2016 addressed by it to various Head of
Departments/Principals informing them that every year examination
branch received requests from departments and Colleges for giving
Fresh/Revised Internal Assessment Marks to various students due to
errors committed by the Departments and Colleges at the stage of
compilation/submission of Internal Assessment Marks. It required the
Departments/Colleges to submit the rectification request after
declaration of results but before the commencement of next semester
examinations.
12. It is relying upon this communication that the learned single
judge seems to have held that the application for rectification had to
be made before 02.01.2016 (the date of declaration of result).
13. The finding is clearly erroneous. Firstly, the communication
dated 11.11.2016 does not stipulate that the application is to be made
before the declaration of result, rather stipulates that the same is to be
submitted after the declaration of result but before the next semester
LPA 708/2017 Page 8 of 10
examination. Secondly, it may be seen that the communication is
dated 11.11.2016, whereas the Appellant is seeking rectification of
marks of the Internal Assessment papers held in October – November,
2015. It is also not borne out that the said communication was brought
to the notice of the students. Thirdly, no plausible explanation has
been rendered as to how the Appellant was awarded Zero Marks and
not marked absent when the Appellant was admittedly absent and
because of having been selected for participation in the N.C.C. camp
and medical reasons could not appear in the House Examinations and
submit the Internal Assignment.
14. The Appellant has also not been given the benefit of the
Ordinance which stipulates that students selected to participate in
annual N.C.C. camps would be allowed additional time for
submission of written assignments and a student who is unable to
write the House Examination on account of his/her participation in
specified activities may be assessed by the college through an
alternative mode, in lieu of the House Examination. Further, the case
of the Appellant has also now been recommended by the Respondent
College.
15. In view of the above discussion, the appeal is allowed. The
impugned order dated 26.09.2017 is set aside. The College is directed
to conduct the Internal Assessment of the Appellant. The College
shall, within one week, communicate to the Appellant the
LPA 708/2017 Page 9 of 10
requirements of written Assignments and/or projects/terms papers, to
be fulfilled by the Appellant and also the House Examination or the
alternative mode as stipulated by Ordinance VIII-E 8.2, that the
Appellant has to take. The internal assessment marks be submitted by
the College to the University within a period of four weeks. The
University shall, within two weeks of the receipt of the internal
assessment marks issue the revised marksheet to the Appellant and
upload the same.
16. Order Dasti under signatures of Court Master.
SANJEEV SACHDEVA
(JUDGE)
S. RAVINDRA BHAT
(JUDGE)
DECEMBER 15, 2017
‘ rs’
LPA 708/2017 Page 10 of 10