Full Text
HIGH COURT OF DELHI
Date of Decision: 18.05.2026
HARJEET KAUR .....Appellant
Through: Mr. Sunil Satyarthi with Ms. Amita Saxena, Mr. Amitanshu Satyarthi, Mr. Kaibalya Kumar Ojha, Advs.
Through: Mr. Ankur Chhibber with Mr. Anshuman Mehrotra, Ms. Muskaan Dutta, Advs.
HON'BLE MR. JUSTICE TEJAS KARIA TEJAS KARIA, J. (Oral)
JUDGMENT
1. The present Letters Patent Appeal is directed against the Order dated 28.04.2026 (“Impugned Order”) passed in W.P.(C) No.4356/2026 (“Writ Petition”) whereby the Writ Petition filed by the Appellant was dismissed by disallowing the Appellant to be promoted to the Fourth Academic Year.
2. The Appellant is a student pursuing Bachelor of Occupational Therapy (“Course”) at Respondent No.2, Pandit Deendayal Upadhyaya National Institute of Persons with Physical Disabilities, which is affiliated to Respondent No.1, University of Delhi.
3. The examinations for the Course are conducted annually at the end of each academic year in accordance with the University calendar. The Appellant appeared in the Second Year annual examination held in July/August 2024, and the result for the said examination was declared on 25.11.2024.
4. The Appellant was declared unsuccessful in two subjects and was not permitted to appear in the third subject due to shortage of attendance. The Appellant, thereafter, appeared in supplementary examination held in March 2025, wherein she could clear one out of two subjects, which she had not been successful, at the result declared on 08.05.2025.
5. The result dated 25.11.2024 contained a head note stating that the candidates were eligible for promotion to Third Year and could reappear in the failed papers along with the Third Year examination. Accordingly, the Appellant was promoted to the Third Year.
6. Subsequently, upon declaration of the supplementary result dated 08.05.2025, the Appellant was declared ineligible for promotion on account of one backlog and was consequently debarred from appearing in the Third Year and even in examination scheduled for July/August 2025.
7. Being aggrieved by the debarment, the Appellant filed the Writ Petition before this Court seeking permission to appear in Third Year examination and to re-appear in the supplementary examination for one subject, which was not cleared by her in the supplementary examination held in March 2025.
8. Vide Order dated 23.07.2025, the learned Single Judge permitted the Appellant to appear in Third Year examination. However, the Appellant was not permitted to appear in the examination for one subject as the examination was held on the date of passing of Order dated 23.07.2025. Accordingly, the Appellant was marked absent in that subject while she was permitted to appear in all other subjects thereafter.
9. Vide order dated 02.12.2025, the learned Single Judge permitted the Appellant to appear in the supplementary examination for one subject which she had not cleared during the supplementary examination held in March 2025 and, further, directed that upon clearing the said subject the result of Third Year be declared.
10. The Appellant successfully cleared the said subject in subsequent supplementary examination, the result of which was declared on 25.02.2026. Consequently, the Third Year annual examination results were declared on 02.03.2026, wherein the Appellant cleared all subjects except two subjects out of which in one subject she was prevented from appearing as the order passed by the learned Single Judge permitting was passed on the date of the said examination.
11. As per the promotion criteria, a candidate is eligible for promotion to the Fourth Year upon passing at least three theory subjects and all practicals. The Appellant contended that she had fulfilled the said criteria having cleared more than the three theory subjects and all practical examinations, and despite that the Appellant was denied the promotion to the Fourth Year of the course.
12. The Appellant made multiple representations to the Respondents, however, according to the Appellant, no response was received by her.
13. The learned Single Judge in the Impugned Order has observed that for promotion to the Fourth Year, the candidate is required to clear the supplementary examination, however, the Appellant failed to clear the supplementary examination for Third Year as the same was held in January 2026, and her result for Third Year was declared only on 02.03.2026 after the supplementary examination for Third Year was conducted on account of her not clearing the supplementary examination for Second Year in first attempt in March 2025.
14. Accordingly, the Appellant could not attend even a single class for Fourth Year which commenced in October, 2025 as she was yet to clear the supplementary examination for Second Year before which the results for Third Year could not have been declared.
15. In view of the same, the Writ Petition was disposed of with the observation that the Appellant would be required to clear her backlog of Third Year in the final examination of Third Year which is to be held in June 2026 for the subject she could not clear in the result declared on 02.03.2026.
16. The submission of the Appellant that she could not appear in one subject due to the order permitting her to appear in the Third Year examination having been passed on the same day on which the examination was held is not helpful as she could not clear one more subject and would be required to take supplementary examination for both the subjects of Third Year. However, since the result came to be declared on 02.03.2026 after the supplementary examination for Third Year was over on account of she not being able to clear the backlog of the Second Year in first attempt of supplementary examination conducted in January 2025. Therefore, the prayer of the Appellant to be promoted to Fourth Year without attending a single class, which started in August 2025 cannot be accepted as the result of Third Year could not have been declared unless and until the Appellant cleared the backlog of Second Year that too pursuant to the order passed by the learned Single Judge.
17. This Bench in the case of Aman Bansal v. University of Delhi & Anr., Neutral Citation 2006:DHC:4398-DB has held that a candidate, who did not even attend a single class, cannot seek admission to the next year.
18. Accordingly, we do not find any infirmity with the Impugned Order which has permitted the Appellant to appear in the final examination of Third Year to be held in June 2026 for the subjects which she could not clear in the previous year while rejecting the prayer for promotion to Fourth Year without attending a single class in absence of her admission into Fourth Year.
19. In view of the above, the Appeal as well as the pending Application are dismissed. There shall be no order as to costs.
TEJAS KARIA, J DEVENDRA KUMAR UPADHYAYA, CJ MAY 18, 2026 ‘gsr’