Permits Student to Continue Course Despite Non-Payment of Fees: Delhi High Court

In a significant judgment concerning educational law and the rights of students, the Delhi High Court, led by Hon’ble Mr. Justice C. Hari Shankar, has emphasized the importance of equitable considerations in educational matters. The Court has allowed a student of Delhi University, who missed her first semester examination due to non-payment of fees, to continue her B.A. (Hons.) course and appear for the third semester examination.

The judgment addresses the intersection of academic eligibility, entitlement to appear in examinations, and the applicability of university regulations. The Court differentiates between a student’s eligibility based on academic qualifications and entitlement based on administrative formalities, such as fee payment.

Vanshika, the petitioner, enrolled in the B.A. (Hons.) course at Kalindi College, Delhi University but failed to attempt her first semester examination due to a failed fee transaction. Despite this, she was assured by the authorities that she could take her first semester exams with her third semester. She attended her second and third semester classes but faced issues with the university not releasing her second semester results and not permitting her to fill the examination form for the third semester.

The Court scrutinized the applicability of NEP-UGCF 2022 Guidelines and other university notifications and found them inapplicable or unworkable in the petitioner’s context. The Court underscored the importance of equitable considerations, holding that the petitioner’s academic progress should not be hampered due to administrative lapses. It was observed that non-payment of fees affected the petitioner’s entitlement but not her eligibility to continue the course.

The Court allowed the writ petition, directing Delhi University to declare the petitioner’s second semester results and permit her to continue with her B.A. (Hons.) course. The petitioner was allowed to appear for her third semester examination, along with the first semester examination, upon fulfilling necessary formalities, including fee payment.

Date of Decision: 19 February 2024

Vanshika vs University of Delhi & Anr,