Delhi HC directs Jamia to allow BDS student to sit for exam
New Delhi: Accepting the plea of a medical student, who was not allowed to sit for his second year BDS examination, the Delhi High Court has directed the Jamia Milia Islamia to allow him to appear in the examination which commenced from June one.
The court, however, directed the university not to declare the result of Mohamed Asadullah till the final disposal of his petition in the court.
Justice Hima Kohli allowed Asadulla`s plea seeking direction to the university allowing him to sit for the examination and stayed the order passed by Jamia on May 22.
"The petitioner shall be entitled to appear in the examination but the said permission is made subject to the outcome of the present petition and it is clarifies that this shall not create any special equities in favour of the petitioner. The respondents (university and others) to place the result of the petitioner in a sealed cover to be produced in court," the court said.
Filing a petition through counsel R K Saini, Asadullah said that he had got admission in the four-year BDS course in 2009 but due to his elder sister`s death, he was not able to attend class for several days as a result of which there was a shortage of two per cent in his attendance.
He said mental pressure led to his ill health and he was not able to appear in the second year examination last year and he wanted to sit for it this year but the university did not allow him on the ground of shortage of attendance.
Appearing for the petitioner, counsel R K Saini submitted
that despite the fact the his client had submitted two medical certificates the university had not taken them into consideration.
"The petitioner is short of attendance by only about 2 percent in theory subjects whereas his attendance for practicals is 83 percent and that ordinance 35 of the university provides relaxation to the maximum extent of the total attendance accorded to a student on account of sickness...," the lawyer said.
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