Supreme Court Directs Delhi University To Declare 5th Semester Results Of Law Student Who Had Attendance Shortage Due To Pregnancy

The Supreme Court directed the Delhi University to declare the 5th Semester result of a law student who could not meet the requisite 70% attendance criteria due to her pregnancy.

Ankita Meena could not obtain requisite attendance since she missed many classes during the 4th Semester due to her pregnancy. She approached the Delhi High Court seeking a direction to the University to permit her to appear in the 4th Semester LLB Examination. The High Court had refused to grant her any reliefs. In appeal, the Supreme Court, passed various interim orders which enabled her to attend the examinations of the 4th, 5th and 6th Semesters.

When the case was taken up last week, it was submitted that the University has declared the results of the 4th and 6th Semester examinations, but has not declared the results of the 5th Semester Supplementary Examination. Therefore, the student sought a direction to the University to declare the results of the petitioner for the 5th Semester Supplementary Examination and to grant the provisional degree, consolidated mark sheet and character certificate.

Taking note of these developments, the bench comprising CJI SA Bobde, Justices AS Bopanna and V. Ramasubramanian noted as follows: "(i) that the petitioner has completed the course in entirety; (ii) that the results of all the semester examinations except the 5th Semester Supplementary Examination has already been declared; and (iii) that the lis in the SLP, though relates to the 4th Semester, does not actually survive for an active adjudication on account of the subsequent developments. Once the petitioner has completed the course and also written the 5th and 6th Semester Examinations and  even got the results of all the semester examinations except the 5th Semester Supplementary Examinations published, the adjudication of the dispute in the SLP will only be a matter of academic interest."

Allowing her plea, the bench directed the University to declare her 5th Semester supplementary Examination results  and issue the provisional degree along with necessary certificates, if she had passed the examinations, subject to the her clearing the other formalities. The Court clarified that the order was passed in the peculiar facts and circumstances of the case.

AOR Ashish Virmani and Adv. Himanshu Dhuper appeared for the petitioner. 

CASE: ANKITA MEENA  vs UNIVERSITY OF DELHI [SPECIAL LEAVE PETITION (CIVIL) NO. 26484 OF 2018] 
CORAM: CJI SA Bobde, Justices AS Bopanna and V. Ramasubramanian
CITATION: LL 2021 SC 41

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