ARPITA RATHORE Vs. UNIVERSITY OF DELHI
LAWS(DLH)-2012-3-404
HIGH COURT OF DELHI
Decided on March 14,2012

ARPITA RATHORE Appellant
VERSUS
UNIVERSITY OF DELHI Respondents

JUDGEMENT

HIMA KOHLI, J. - (1.)THE present writ petition is filed by the petitioner praying inter alia for quashing the action of the respondents in refusing to grant her re- admission in the B.A.(Programme) course Part-II Session 2010-11 and to give her re-admission in the said course in Session 2010-11. THE petitioner had also sought permission to take the B.A. (Programme) Part-II Annual Examinations in April/May, 2011.
(2.)THE brief facts of the case are that the petitioner took admission as a regular student in respondent No.2/College, affiliated to respondent No.1/University of Delhi, in B.A. (Programme) Part-I course in the academic year 2008-09. In April 2009, she sat for the Part-I annual examinations and was declared as having passed the same. THEreafter, the petitioner took admission in the B.A. (Programme) Part-II course as a regular student in the academic year 2009-10.
It is the case of the petitioner that she had been regularly attending the classes for the said session and her attendance for the said academic year was 59%. As per the petitioner, on 16.11.2009, she had filled up her examination form for taking the B.A. (Programme) Part-II Annual Examinations that were to be held in April/May 2010. However, when she went to sit for her first examination in April 2010, she was not permitted to take the same and it was only then that she discovered that her application form for taking the annual examinations had not been received by the respondents. The petitioner claimed that she had approached respondent No.2/College on 11.4.2010 with a request to accept her application for taking the annual examinations alongwith the late fee, but her request was not acceded to and as a result, she could not take her B.A. (Programme) Part-II annual examinations for the academic year 2009-10.

(3.)IT is averred in the petition that in August, 2010, the petitioner started visiting the office of respondent No.2/College seeking re-admission in B.A. (Programme) Part-II course for the session 2010-11. She also submitted an application to respondent No.2/College with the same request, but did not receive any response. Finally, a legal notice dated 26.10.2010 was addressed on behalf of the petitioner to respondent No.2/College for the grant of permission to submit her application for B.A. (Programme) Part-II Annual Examinations 2010-11 that were to be conducted in April/May 2011. The petitioner claims that as she did not receive any reply to the aforesaid representation, the present writ petition came to be filed in February 2011.


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