38.6c New Delhi, India, Sunday, April 21, 2024
Judiciary

SC Orders Delhi University to Declare the Examination Result of a Law Student which was withheld on grounds of low attendance because of pregnancy [READ ORDER]

By Shreedhara Purohit      01 August, 2020 01:46 PM      0 Comments
Supreme Court of India Delhi University Law Student

The Supreme Court on July 28 directed Delhi University (DU) to declare the examination result of a student of law whose result of the 4th and 5th semesters was kept back on grounds of lack of attendance owing to her pregnancy.

The order was passed by the apex court in the plea filed by Ankita Meena, a final year law student, who could not regularly attend classes due to an advanced stage of pregnancy in the second year.

According to the Bar Council of India (BCI), Rules of Legal Education, a minimum of 70 percent is a prerequisite to make a student eligible to sit for the final examinations. But, in exceptional cases, the Dean or Principal of the University is empowered to make such relaxations as the case may be and allow students to appear for the examination but the student must have attended 65 percent classes in each subject and 70 percent overall.

Earlier, in the year 2018, when she approached the Delhi High Court for considering her case as an exception and make attendance relaxations in her favor so that she could take the final examination. Meena was pregnant and a lot of complications arose due to her pregnancy, because of which, she was unable to attend the required number of classes, making her ineligible to appear for her final examinations according to the BCI Rules. The Delhi High Court however refused to grant her relief citing “maternity leave cannot be put in a different compartment for the purposes of relaxation of attendance.”

The court had also made it clear that LLB is a special professional course, which is governed by the BCI Rules, therefore, no such privilege can be granted to anyone who runs contrary to the BCI Rules. The High Court had referred to the decision made in the case of the University of Delhi and Anr. Vs Vandana Kandari and Anr, where it was held that the minimum percentage attendance criteria are a condition precedent in order to allow a student to appear for their Final Examinations and maternity leave cannot be put into a different compartment for the purpose of providing relaxations with regards to attendance.

Whereas Meena had relied on Rule 2(9)(d) of Ordinance VII of Chapter III of Delhi University Act, 1922, which provided that a married woman who was granted maternity leave, while computing the total number of lectures attended by a student in that particular semester, the number of lectures delivered during the maternity period shall not be taken into consideration. But rejecting the contention of the student, the High Court clarified that Rule 2(9)(d) does not cover a professional course like LL.B.

Meena had also relied upon the judgment of Air India vs Nergesh Mirza and Ors, where clauses which led to an air hostess’s retirement from her profession upon her first pregnancy was struck down as unconstitutional and was in violation of Article 14 of the Indian Constitution. It was held that reasons such as marriage or pregnancy cannot be grounds upon which an air hostess shall be removed or compelled to retire from her service. Such conditions seem discriminatory even on the basis of gender.

In the recent plea, filed in the Apex Court, where Senior Advocate Meneka Guruswamy represented Meena, had pacified that the Delhi University had kept back the examination result even though Meena had attended all the lectures of every semester, and had attempted the examinations similar to all her batch mates.

“The batchmates of the petitioner have already been granted their provisional degrees, and have duly graduated from the respondent University. However, in violation of principles of equality, the results of the Petitioner are still withheld by the respondent University, and the petitioner is not being granted a degree in her LL.b course, as per law which results in huge loss to the petitioner in her career,” she had pleaded.

 

[READ ORDER] 



Share this article:



Leave a feedback about this
TRENDING NEWS

sc-orders-medical-examination-of-yr-old-rape-survivor-seeking-to-terminate-her-week-pregnancy
Trending Judiciary
SC orders medical examination of 14-yr-old rape survivor seeking to terminate her 28-week pregnancy

Supreme Court orders medical examination of 14-year-old rape survivor seeking termination of 28-week pregnancy. Decision to be made after evaluating impact on her health.

20 April, 2024 11:00 AM

TOP STORIES

need-to-safeguard-judiciary-from-unwarranted-pressures-21-ex-judges-write-letter-to-cji
Trending Legal Insiders
Need to safeguard judiciary from unwarranted pressures: 21 ex-judges write letter to CJI

21 ex-judges write to CJI Chandrachud urging protection of judiciary from pressures undermining its integrity and autonomy.

15 April, 2024 12:17 PM
sc-notice-to-ed-declines-early-date-on-plea-by-delhi-cm-arvind-kejriwal-against-arrest
Trending Judiciary
SC notice to ED; declines early date on plea by Delhi CM Arvind Kejriwal against arrest

SC issues notice to ED, declines early hearing on Delhi CM Kejriwal's plea against arrest in liquor scam.

15 April, 2024 03:08 PM
call-for-chapters-gender-based-violence-and-religion
Trending Law School
Call For Chapters: Gender-Based Violence and Religion

Calling For Book Chapters: As an editor, Dr. Amit Anand, Assistant Professor, School of Legal Studies, REVA University, Bengaluru, is inviting people to contribute to a book, entitled "Gender-Based Violence and Religion." This book is scheduled to be published by Cambridge Scholars Publishing.

15 April, 2024 04:21 PM
cannot-stop-any-public-rally-bombay-hc-says-on-allegation-that-ram-navami-processions-deliberately-pass-through-muslim-majority-areas
Trending Top Stories
Cannot stop any public rally, Bombay HC on allegation that Ram Navami processions deliberately pass through Muslim-majority areas

The Bombay High Court calls upon the Maharashtra Police to ensure that no law and order issues occur during a Ram Navami rally in a Muslim-majority area in Mumbai.

15 April, 2024 06:36 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email