Source:- thehindu.com<\/p>\n\n\n\n
The Delhi High Court has declined to grant relief toa B.Com (Hons) student, who fell short of the requisite attendance due to his heart ailment, seeking permission to write the 4th semester examination.<\/p>\n\n\n\n
\u201cThe claim of the petitioner is effectively for the court to grant relief solely on the ground of sympathy, even though it is an admitted position that grant of such relief would fly in the face of the applicable statutory provisions,\u201d the High Court said.<\/p>\n\n\n\n
\u201cSympathy must always inform and temper, but can never be allowed to substitute justice,\u201d the High Court remarked.<\/p>\n\n\n\n
The student, who has an ailment known as paroxysmal supra ventricular tachycardia (PSVT), had only 21% of attendance in the 4th semester of his B.Com (Honours) course in Vivekananda Institute of Professional Studies, affiliated to Guru Govind Singh Indraprastha University (GGSIPU). GGSIPU has refused to issue an admit card to him despite his request that he be treated as a special case in view of his long-standing medical history.<\/p>\n\n\n\n
However, the Ordinance governing GGSIPU requires a student to attend 75% classes in order to be eligible to appear in the end-semester examination.<\/p>\n\n\n\n
The court noted that there is no prescription or other document which would explain the shortage of attendance. \u201cIn any event, it is not possible for this court to issue any mandamus to the GGSIPU, directly contrary to Clauses 9.1 and 9.2 of Ordinance 11, which binds it,\u201d it said while rejecting his plea.<\/p>\n\n\n\n
\u201cThis court regrets, therefore, that it is unable to offer any succour to the petitioner, though it sympathises with his condition,\u201d the High Court added.<\/p>\n