HC on denial of promotion due to attendance shortage in NLSIU

NLSIU refused to promote a student owing to shortage of attendance in Fourth Year. Justice Krishna Dixit stared:

“As already mentioned above, in several cases the University had granted condonation of shortage of attendance under the very same Regulations; however, in the case of the petitioner, a step-motherly treatment is meted out to his detriment; this is not a happy thing to happen at the hands of the University which enjoys a great academic reputation in the country.”

Court also stated that the Contention of NLSIU that the student was required to submit the application with regards to his attendance shortage within a period of 6 days from the Commencement of classes is unreasonable.
To quote:
“Denial of admission to the petitioner to the 4th year of the course is on the specific grounds that he has a shortage of attendance in two courses and he has secured ‘F’ Grade in Criminal Law III (3rd year, VII Semester). Respondents have invoked provisions of AER 2020 which this Court has already held to have no retrospective effect in W.P.No.11287/2020 between AAKASHDEEP SINGH Vs. NLSIU & ANOTHER, that being the position, case of the petitioner ought to have been treated under AER 2009, and not under AER 2020 wrongly; thus there is an error apparent on the face of the record, that has caused enormous prejudice to the petitioner….
“It is not that the University was launching a Satellite within those six days and delay of a few days has prevented it from launching one; even otherwise such a contention cannot be countenanced when said requirement arose under the directory provisions of Regulations which admit a lot of discretion & leniency, by their very nature.”

The Writ Petition was thus allowed by the court.

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