The Delhi High Court has rejected the plea of a Jamia Milllia Islamia dental student seeking promotion from second to third year even after failing the annual examination,as it said “a candidate can be promoted to next year only on successfully completing the previous year”.
Justice Hima Kohli rejected the plea of Shahroz Raza,a student of Bachelor of Dental Surgery (BDS),seeking direction to the varsity to promote him from second to third year and also allow him to attend classes.
While dismissing Raza’s petition,the court took note of the JMI university rules as per which a candidate who fails in the annual examination is permitted to go to the next higher class but has to clear those papers through supplementary examination,before appearing for the next higher class exam.
“The aforesaid rules make it crystal clear that a candidate,who fails in the annual examination,shall be permitted to attend the next higher class only upon his successfully completing the examination of the previous year.
“The plea of the petitioner (Shahroz Raza) that even if he has failed in one of the subjects in the supplementary examination for the second year BDS course held in October 2011,he be permitted to attend classes for the third year BDS course,is not tenable,” Justice Kohli said.
The varsity told the court that Raza had enrolled himself in the BDS course of the JMI university for the academic year of 2009-10. Upon successfully completing the first year course,he was promoted to the second year academic session of 2010-11. In the second year annual examination,he failed in three subjects. However,he was permitted by the university to attend classes for the third year of the BDS course.
Raza appeared for the supplementary examination of second year BDS course but cleared two subjects and failed in one.
“The petitioner has not been able to clear the second year in the academic year 2010-11,either by passing in all the subjects in the annual examination held for the second academic session or by clearing the remaining subjects in which he had failed in the supplementary examination of the same year held in October 2011,” the court observed,while dismissing Raza’s plea to promote him in the BDS third year.
The court also said,”Merely because the university had granted a concession to the petitioner to continue attending classes of the third year BDS course in the expectation of his clearing the supplementary examinations for the second year,in itself cannot entitle the petitioner to claim a vested right to continue attending third year BDS course classes,when admittedly he has failed to pass one of the three papers that he had attempted in the supplementary examinations held for the second year,in the month of November 2011,” it said.