There were two separate writ petitions filed by the students of Vivekananda Institute of Professional Studies (Respondent) affiliated to Guru Gobind Singh Indraprastha University, Naincy Sagar and Prateek Solanki (Petitioners) against the Institute itself. The petitioners prayed to the court that they be promoted to the 9th Semester of the course and also seek permission to re-write the end-term examination for the 8th Semester in the 10th Semester.
The facts of the case involves that Naincy had met with an accident on February 8th, 2019 and had suffered an injury in her right arm. In the X-ray report, the injury came out to be a fracture in the arm, specifically in her wrist. She was advised bed rest by her doctor. Due to persistent pain and discomfort, she visited her doctor several times and on March 23, 2019, the doctor said that she had to undergo an operation since serious complications had occurred at the site of the fracture. She underwent an operation in the All India Institute of Medical Sciences.
In the meantime, she received intimation that admit cards for the end-term exams were being circulated in the class and could be collected between 3:00 and 4:00 pm on April 26th, 2019. When she reached the college to collect her admit card, she was told that she had been detained in the 8th semester due to short attendance. She made several requests to let her write the exam but she was not allowed to write the exams. The other petitioner’s case is same but here he had short attendance because he was undergoing an internship between January 1st, 2019 and February 16th, 2019 due to which he couldn’t attend the lectures. As a result, he was also detained in the 8th Semester due to short attendance.
Both the petitioners prayed that they should be promoted to the next semester as this would affect the year in which they should be passing out the Institute. The respondents contentions include that specific period is allotted for internships and should be completed during the stipulated time period only. The court, however, allowing the petition, ordered the Respondents to promote the petitioners to the next semester and conduct extra classes for the petitioners. The petitioners shall write an undertaking that they would attend the classes in order to complete their attendance.