The Delhi High Court has held that sitting for an examination by a student in the successive academic year owing to illness or other similar circumstances in the previous year will still be considered the “first attempt”.
The order came as a relief to a BA LLB student at Amity Law School who despite scoring highest marks in his batch was denied a gold medal on the ground that he had taken the examination in respect of two papers in the following year.
Justice Indermeet Kaur observed that the university could not deprive the student of the award citing that examinations taken by the student in 2014 shall be regarded as his “first attempt”.
The student was enrolled in the five-year course of BA LLB in 2010. For his 6th semester examination, out of five papers, he could not appear in two papers, the paper of Code of Civil Procedure and the paper of Code of Criminal Procedure. These two examinations were scheduled for May, 2013.
He could not appear in the examinations as he was suffering from chicken pox. He wrote his examination in the two papers in 2014. He graduated from the university with the highest score/cumulative performance index (CPI) for the course.
In February 2016, he learned that he was not being considered for the gold medal despite having scored the highest in the course. The university had contended that under the governing ordinance, any student who fails to appear in examinations at the first time and thereafter appears in the said examinations on a subsequent date would qualify as a “second attempt” on his part.
But the court relied on the judgments of various High Courts and the Supreme Court to arrive at the conclusion that examinations taken by the student in 2014 shall be regarded as his “first attempt” and directed the university to confer the gold medal on him.
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