Aman Bansal's appeal for direct promotion to Semester-IV without attending Semester-III rejected by the Delhi High Court
In a significant ruling, the Delhi High Court dismissed an appeal by Aman Bansal, a student of the LL.B. program at the University of Delhi, seeking direct promotion to Semester-IV despite having neither attended classes nor appeared in examinations for Semester-III. The Division Bench, comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia, underscored the distinction between cases of nil attendance and those involving mere shortages of attendance.
Aman Bansal had previously faced detention in Semester-II due to a shortage of attendance but was provisionally allowed to sit for examinations. However, his results were withheld, and he was denied progression to Semester-III. Despite re-admission in Semester-II, Bansal's appeal aimed to skip Semester-III and directly enter Semester-IV, citing academic continuity.
The court noted that such a leap without attending a single class or appearing in exams for the intervening semester was untenable. The judgment emphasized that academic progression cannot be granted retrospectively, particularly when the student had allowed the intervening semester to lapse without taking necessary action.
The judgment also referenced the precedent set in the Sushant Rohilla case, clarifying that the decision applies only to cases of attendance shortages, not instances of complete non-attendance. Consequently, Bansal's reliance on this precedent was deemed inapplicable.
The court's decision reaffirms the importance of consistent academic engagement and attendance, emphasizing that progression in academic programs demands adherence to institutional regulations and active participation.
Bottom line:-
Academic progression cannot be granted to a student who has nil attendance and did not appear in the examinations for the intervening semester, even if the denial of admission was for reasons not attributable to the student.
Statutory provision(s): Section 5 of the Limitation Act, 1963
Aman Bansal v. University of Delhi, (Delhi)(DB) : Law Finder Doc id # 2901017
