Delhi University's Centenary Chance Exams Not A Matter Of Right, Belong To Realm Of Pure Academic Policy: Delhi High Court

The Delhi High Court has observed that the Centenary Chance exams offered by the Delhi University, allowing ex-students a second chance to repeat the papers which they are yet to clear and earn degrees, are a not a matter of right.

“Unfortunately, the decision to grant a Centenary Chance, and the terms in which such chance is to be granted, are matters which belong to the realm of pure academic policy,” Justice C Hari Shankar said.

The court observed that neither any candidate who failed to clear all papers within the maximum span period of the course has a right to seek a further chance to clear the papers nor the DU has any obligation to provide any such chance.

Justice Shankar made the observations while upholding a notification issued by the varsity on April 01 for “Centenary Chance Special Examination Phase II” permitting former students to re-appear and give examination but with a limit of maximum of four papers.

The court dismissed the plea moved by Chhavi, a former student of Campus Law Centre (CLC) from where she underwent her LLB course during the years 2009 to 2012. She had cleared only 16 out of 30 papers.

The notification for the first centenary chance exams was issued by the DU on May 01, 2022. It was the petitioner's case that the initial notification did not contain any restriction on the number of papers that an ex-student could attempt.

However, the petitioner contended, that the impugned notification for second centenary chance allowed the students to re-attempt only a maximum of four papers.

Rejecting the plea, the court said both Centenary Chances were beneficial dispensations provided by the DU suo motu as it were part of its centenary celebrations.

“They were, therefore, in the nature of a benefice, not a right. The terms on which such a benefit was to be extended to ex- students were also, therefore, a matter entirely within the DU's province and exclusive discretion. There was no legally enforceable obligation on the DU to provide any Centenary Chance,” the court said.

It observed that the impugned notification is clearly a pure policy decision and the decision to restrict the number of papers which can be attempted in the second centenary attempt to four is a decision which is taken by the varsity for legitimate reasons.

“If, therefore, the DU decided to allow all the papers to be re-attempted in the First Centenary Chance, and restricted the Second Centenary Chance to four papers, it was no more than legitimate exercise of the discretion vested in the DU in that regard,” the court said.

Observing that no prima facie case of arbitrariness or invalidity of such policy was made out either in the writ petition or during the course of oral arguments, Justice Shankar concluded:

“In such matters, this Court is of the view that even issuing of notice must be circumspect. If academic bodies are made answerable to the court regarding every policy decision that they take, it would severely affect their autonomy and freedom of administration.”

Counsel for Petitioner: Mr. Danish Aftab Chowdhury, Adv

Counsel for Respondent: Mr. Mohinder J.S. Rupal, Adv. with Mr. Hardik Rupal, Adv

Title: CHHAVI v. UNIVERSITY OF DELHI

Citation: 2024 LiveLaw (Del) 619

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