Delhi HC Orders Issuance Of Degree To A Delhi University Student

The Delhi High Court, on July 20, ordered the issuance of graduation degree of a student who passed out in the year 2018. 

Justice Sanjeev Narula observed that, “The University of Delhi has failed to consider the fact that the entirety of the Petitioner’s education was under a provision which entitled her to secure a degree on the basis of obtaining the minimum passing marks of an aggregate of 40% and that formed the basis for her joining the course.”

FACTS

Petitioner admitted in B.A. (Hons.) Economics to Sri Ram College of Commerce for the Academic Session 2015-18. She contend that though she has gone through the examination process for all the six semesters of the course, she has not passed one subject in the sixth semester on the basis of which her degree has not been awarded. On the basis of her under-graduate studies, the Petitioner had joined and even completed the MBA course of Symbiosis International (Deemed) University, but her post-graduate degree could not be awarded as her undergraduate degree had not been issued. 

CONTENTIONS

It was submitted by the counsel for Delhi University that an amendment came in 2017 to the University’s Ordinance IX by an Executive Council Resolution, wherein Clause 12(1)(e) of the same was modified. Relying on the said provision, the University determinedly asserted that the Petitioner had not qualified for issuance of a degree, as she had not cleared all the papers of the first year, second year and third year, which was a mandatory requirement for issuance of a degree. 

The counsel for the petitioner contended that the effect of the amendment would not apply to her as she had joined the college in 2015.

OBSERVATIONS

The Court observed that prior to the amendment, students had to secure minimum 40% marks taking together an aggregate of all the papers, in theory examinations (including internal assessment/ project, wherever applicable) and in practical exams separately, till the end of the third year, i.e., upto the end of the VI semester. 

It was stated by the Court that, “But after the amendment, now, a student can only be declared eligible for a degree after passing all the papers of all the three years. Clause 12(3) now prescribes for a system of letter grades and grade points, wherein the grade point for clearing an exam is ‘4’ which is allocated the letter grade of ‘P’ (Pass), which is the minimum requirement to be obtained in each course of all semesters in order to complete the eligibility criteria.”

The Court observed that the question was, “whether, on account of not passing one subject in the VI semester examinations held in 2018, the Petitioner can be denied a degree, in view of the amended Clause 12(1)(e).”

Observing that the submission that since the amended clause was proposed in 2016, and hence the same would bind the Petitioner, cannot be countenanced. A proposal may be in the pipeline for a prolonged or a short time; but it will only have an effect in law once it is formally approved and notified, which, in the instant case was done only on 28th February, 2017/ 7th March, 2017, the Court directed that the degree be issued to the petitioner.