Skip to main content

‘Step-motherly’ treatment to the student is unjust; HC asks NLSIU to promote student denied promotion due to short attendance

 The Karnataka HC in the matter between Dayan Warsi and VC, Registrar NLSIU, allowed a writ petition moved by a student of NLSIU, Bangalore, and asked the university to promote the student who was denied the same due to short attendance. The HC was dejected over the ‘step-motherly’ treatment made out against the petitioner


Facts


Petitioner, the student of NLSIU, Banglore approached the HC to seek relief against the decision of the university not to promote the student to 4th year due to shortage of attendance.


Contention of University


The VC and University through its counsel stated that the Academic Examination Regulations(AER) do not admit leniency and such matters should be left to the university alone.


Contention of Student


It was contended that since the doctor could not sign the medical application six days before the cutoff date the university rendered the contentions of the student of no value.


Interference by HCThe HC mainly analyzed three things:-


The Court stated that AER 2009 would be applicable in the present case and not AER 2020- AER 2020 bars promotion since the student does not meet the requirement however AER 2020, the court said, would not be applied retrospectively and that AER 2009 would be applicable in the present case.

The Counsel for respondents stated that even if AER 2009 would be applied even then the student is not eligible since he had around 67%.

The court took into account that in the past as well such leniency has been provided.

Observation of Court


The Court perused the records and made a statement that the law speaks through language and not music and the regulations made by such universities are made with the intent to get some discretion by the nebulous wording. The Court stated that the university has swayed away from the Rule of Textualism, to prejudice of student by using the word will and shall.

Further, the university has on multiple occasions has promoted students and such ‘step-motherly’ treatment to the petitioner is uncalled for. The court also stated that the petitioner was not a habitual offender and missing the deadline by just six days should not affect the future of the student. The Court thus asked the university to promote the student.


.


LEXIS AND COMPANY

"ADVOCATES AND LEGAL CONSULTANTS"

We are India’s Leading Law Firm

“The firm has always strives to create and implement innovative and effective methods of providing cost-effective, quality representation and services for our clients and will continue to meet and exceed the expectations of our valued clients.”


–    DR ANUPAM KUMAR MISHRA (ADVOCATE, FOUNDER-LEXIS AND COMPANY).


Get in Touch


LEXIS AND COMPANY.

C/O: DR ANUPAM KUMAR MISHRA.

OFFICE: A1B/26, JANAKPURI, GROUND FLOOR,

NEW DELHI,, DELHI, 110058.

INDIA.

lexisandcompany@gmail.com

CALL: +91-9830333388.


Comments

Popular posts from this blog

LAW INTERNSHIP AND TRAINEE OPPORTUNITY

  LAW INTERNSHIP AND TRAINEE OPPORTUNITY: LEXIS AND COMPANY, renowned for its excellence in the legal field, is thrilled to announce an exceptional internship and trainee opportunity for aspiring final year law students and newly enrolled Advocates. This highly coveted internship  and trainee opportunity  is a paid position, providing a remarkable platform for career growth and experiential learning in a corporate environment. Eligibility: Only for final year Students and Newly Enrolled Advocates. We are offering a limited number of vacancies, designed for law students and newly enrolled advocates in the dynamic world of the legal profession. This is an immediate joining opportunity, available to candidates who are interested to work in the area of commercial and civil litigation and have interest towards drafting, and legal research. As a team member at  LEXIS AND COMPANY,  you will refine your research and drafting skills while witnessing the meticulous professional conduct expected

Physical Internship & Training Program - Legal (LEVEL - 1)

   Physical Internship & Training Program - Legal (LEVEL - 1) --- PLEASE READ THE COMPLETE JOB DESCRIPTION BEFORE APPLYING ---   Urgent Hiring for: LAW STUDENTS/CS STUDENTS/ FRESHER LAW GRADUATES/ FRESHER CS. Position: Physical Internship & Training Program - Legal (LEVEL - 1) Department: Legal. Firm Name: LEXIS AND COMPANY – LAW FIRM. Location: Janakpuri, New Delhi. CTC: RS 5000/- Per Month. Additional Allowance: All official expenses including travelling allowance for official purposes will be paid from the day 1 of the service with the firm.   We are urgently looking for LAW STUDENTS / CS STUDENTS / FRESHER LAW GRADUATES / FRESHER CS for the position of Physical Internship & Training Program - Legal (LEVEL - 1) for our Law Firm in Janakpuri, New Delhi.   Eligibility: Mandatory Qualification: Any LAW STUDENTS / CS STUDENTS / FRESHER LAW GRADUATES / FRESHER CS who wants to learn as a beginner. Desired Qualification: Any additional qualification  will be pre

The Doctrine of Alternative Danger

  THE DOCTRINE OF ALTERNATIVE DANGER Although the plaintiff is supposed to be cautious in spite of the defendant’s Negligence, there can also be certain situations when the plaintiff is justified in taking some threat where some unsafe state of affairs has been created by way of the defendant. The plaintiff may appear as puzzled or worried through a hazardous state of affairs created via the defendant and to store his man or woman or property, or now and again to store a third party from such danger, he may take a choice risk. The law, therefore, lets in the plaintiff to come across a choice danger to shop by himself from the chance created via the defendant. If the path adopted by him results in some harm to himself, his motion in opposition to the defendant will now not fail. The judgment of the plaintiff, however, is not rash. The position can be defined by means of the case of Jones v . Boyce . In that case, the plaintiff used to be a passenger in the defendant’s train and instruct