01Facts
The Appellant, an LL.B. student at the University of Delhi, was detained in Semester-II due to a 27.58% attendance record.
p. 3, para 8Though provisionally allowed to sit for Semester-II exams, his results were withheld, leading to a denial of admission into Semester-III.
p. 3, para 8Consequently, the Appellant did not attend any Semester-III classes or appear for its exams.
p. 3, para 9He subsequently took re-admission in Semester-II in January 2026 to avoid a gap.
p. 3, para 9The Single Judge directed the declaration of results but refused promotion to Semester-IV, noting that the Appellant had "nil attendance" for Semester-III.
p. 2, para 6 · p. 5, para 1902Issues
i.1. Whether a student who has neither attended any classes nor appeared for examinations in a particular semester can claim the right to progress to the subsequent semester.
p. 5, para 16ii.2. Whether the benefit of the precedent in Courts on its Own Motion Re: Suicide Committed by Sushant Rohilla regarding attendance shortages can be extended to cases of "nil attendance".
p. 6, para 2103Law Applied
The Court applied the attendance requirements governed by the Bar Council of India (BCI) norms and the University Prospectus, which requires cumulative passing of papers for promotion.
p. 4, para 12It relied on the principle established in Harsh Meena & Ors. v. University of Delhi & Ors. [LPA 740/2025], which holds that permitting students who have not attended even a single class to sit for exams would discourage sincere students and reward indiscipline.
p. 4, para 14It distinguished the "shortage of attendance" principles in Courts on its Own Motion Re: Suicide Committed by Sushant Rohilla [W.P.(CRL) 793/2017] from cases of total absence.
p. 5, para 6Provisions in the judgment · 1 · Linked ones open on LawLens
Limitation Act, 1963 Section 5
04Reasoning
The Court reasoned that academic continuity cannot be restored by skipping an entire semester of schooling.
p. 7, para 23It noted that while the Appellant’s Semester-II result was withheld, he remained inactive during the Semester-III period and only approached the Court once Semester-IV was already underway.
p. 7, para 23The Court emphasized a fundamental distinction between a "shortage of attendance" (where a student participates but falls below the threshold) and "nil attendance" (where the student is entirely absent from the academic process).
p. 6, para 21The Court held that allowing a student to bypass a semester without attending a single class—regardless of whether the initial denial of admission was attributable to them—would undermine academic integrity and public perception of legal education.
p. 4, para 14 · p. 6, para 2005Holding
The Court held that the Appellant is not entitled to admission in Semester-IV or supplementary exams for Semester-III because he did not attend any classes for the latter.
p. 6, para 21 · p. 7, para 24The Court dismissed the appeal and upheld the Single Judge's order. No order as to costs was made.
p. 7, para 25The Court concluded that the ratio of Sushant Rohilla is confined to attendance shortages and cannot be used to bridge a total academic vacuum.
p. 6, para 21Original Court PDF
Aman BansalvsUniversity Of Delhi & Ors.
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