The Delhi High Court recently authorized the readmission of a Delhi University law student who had been prevented by the university from taking his first term examination. This decision came after the court observed that the student’s attendance deficiency was attributable to a medical condition.
Facts of the Case
The student, who was prevented from appearing for the first-term LLB examination due to a shortage of attendance, stated that he suffered from psoriasis. Psoriasis is a chronic (long-lasting) disease in which the immune system becomes overactive, causing skin cells to multiply too quickly. The DU claimed that if students do not meet the prescribed attendance criteria for the first term, they would have to seek admission afresh by retaking the entrance exam, irrespective of the reasons for their absence. After he was detained, the student moved to the Delhi High Court. The single judge bench had dismissed his plea, and later he sought relief from a division bench.
Court’s Ruling
In its order dated May 31, a division bench consisting of Justice Rajiv Shakdher and Justice Amit Bansal pointed out that Delhi University had erred in “equating” or “associating” students who genuinely fail to meet attendance criteria due to valid reasons with those who simply skip classes without any justification. Furthermore, the bench noted that the single judge bench had dismissed the student’s plea without delving into the reasons for the attendance shortage.
The bench remarked that it would be “unwise” for anyone to underestimate the severity of the disease or the discomfort it causes to those afflicted, particularly highlighting itching as a “distinctive feature of the disease” that can result in “significant discomfort.” Overturning the decision of the single judge bench, the High Court directed Delhi University to readmit the student in the batch spanning 2024–2027, scheduled to commence in August.
