Ramswaroop v. University of Delhi

1. This petition seeks for issuance of following directions:-

2 Neutal Citation Number 2023/DHC/001488

2. According to petitioner, the grading as of now applied by the respondent is arbitrary, discriminatory, and improper.

3. Learned counsel appearing on behalf of petitioner states that the petitioner was granted admission under Economically Weaker Sections (EWS) category on 21.11.2019 and immediately after admission of the petitioner, the examination of the 1st Semester was to commence on 27.11.2019 and therefore, the petitioner without any preparation had to appear in the said examination. She states that since the admission of the petitioner was granted under EWS category as per directions given by this court, the extra classes were required to be conducted by the respondent, but the same were also not conducted. She further states that out of four papers, the petitioner could appear only in one paper and realising thereafter, that without any preparation and extra classes, there would be no useful purpose in attempting three remaining papers and therefore, the petitioner did not appear in three subsequent papers. She further states that, in one paper where the petitioner appears, he was awarded „zero‟ marks, therefore, for all practical purposes, the entire 1st Semester examination should be treated null and void and the same cannot be an examination in the eyes of law.

4. Her further contention is that the respondent-University on account of Covid-19 pandemic issued a notification dated 04.06.2020 for the purpose of awarding grades in 2nd Semester. According to her, 50% marks are to be awarded based on internal assessment and the remaining 50% marks are to be awarded based on preceding examination/ score. She states that since in the case of the petitioner, the preceding examination cannot be considered to be an examination, therefore, the entire evaluation of the petitioner for the purpose of awarding marks in 2nd Semester will have to be conducted as per circular dated 04.06.2020 which provides that for students of intermediate semester/term/year having “no previous performance” i.e., having no marks in previous semester/ term/ year shall be graded on the basis of 100% assignment based evaluation.

5. The petitioner in alternative also submits that since the reexamination of the 1st Semester has already been conducted in the meantime, therefore, at least marks of the 2nd Semester examination of the petitioner should be considered on the basis of marks freshly obtained in the 1st Semester examination in which the petitioner has appeared along with the 3rd Semester examination.

6. Learned counsel appearing on behalf of respondent-University opposes the aforesaid submissions and he states that the petitioner is not entitled to any relief. According to him, it is not a case of “no previous performance” and in fact, it is a case where the petitioner voluntarily appeared in one of the papers of 1st Semester examination. He further states that when the petitioner wanted to be upgraded to 3rd Semester examination, the petitioner did not raise any grievance with respect to the evaluation/ grading of 2nd

7. According to him, at this stage, the petitioner cannot be allowed to take a plea that in 2nd Semester examination, his evaluation must be done on the basis of “no previous performance”. He states that there was an examination, and the petitioner did appear in the said examination and attempted one of the papers and if he willingly chosen not to appear in subsequent examination, no fault can be found in the grading system.

8. I have heard learned counsel appearing for the parties and perused the record.

9. It would be appropriate to reproduce extract of few clauses of circular dated 04.06.2020. The same reads as under:-  Students of intermediate semester/term/year, the grading of the students could be composite of 50% marks on the basis of the pattern of internal evaluation/assignment based evaluation adopted by the university/ colleges/ faculty/ centre wherever applicable and the remaining 50% marks can be awarded on the basis of performance in previous semester/term/ year only.  For students of intermediate semester/term/year, having no previous performance i.e. having no marks in previous semester/term/ year, shall be graded on the basis of 100% assignment based evaluation.

10. So far as the relief with respect to grant of marks in the 2nd Semester examination considering the case of the petitioner of “no previous performance” is concerned, the same cannot be accepted as admittedly the petitioner did appear in the 1st Semester examination. It is not a case where no roll number was generated, or the petitioner did not attempt any of the question papers. The petitioner could have raised appropriate grievance at the relevant point of time before appearing in the concerned examination to say that without any preparation or extra classes, the examination in question cannot be attempted.

11. Since the petitioner appeared without any grievance in the examination which had commenced from 27.11.2019, therefore, at this

5 Neutal Citation Number 2023/DHC/001488 stage, the petitioner cannot be allowed to raise any grievance and to claim that the examination in question was no examination in the eyes of law.

12. However, the prayer with respect to treating his marks of the 1st Semester examination which he attempted along with 3rd Semester examination is concerned, the same deserves consideration.