File response or face fine, HC tells DU on law students' plea to allow giving back exams separately

New Delhi [India], September 11 : The Delhi High Court has granted the Delhi University last opportunity to file a reply within one week on the petition filed by final year law students seeking permission to give their supplementary examinations for those subject, which they have not passed in the first to fourth semesters.
A single-judge bench of Justice Prathiba M Singh, in a physical court hearing, also warned that if the varsity failed to file the reply then the bench will slap a fine on it.
"The last opportunity is granted for the filing of a further affidavit by DU, subject to payment of Rs 5,000 as costs. Let the affidavit be filed within one week. Rejoinder, if any, be filed within one week thereafter. No further opportunity shall be granted," the bench said on Thursday.
After the counsel for the Delhi University requested that the matter may be taken up through video conferencing, the High Court listed it for further hearing on October 7 through video conferencing.
A further affidavit, in terms of the last order, has not been filed by the Delhi University and urgency is expressed by counsel for the petitioner as supplementary examinations are not being held, the bench noted.
The High Court was hearing a petition filed by Sandesh Jha and other through advocates Amit Sharma and Satyam Singh seeking to conduct the supplementary examination as per the provisions that existed before the notification dated August 22, 2017, and notice dated October 9, 2017.
The petition sought directions to the respondents to set-up a mechanism to allow the petitioners herein to be allowed to take supplementary examinations for papers of first, second, third and fourth semester respectively with the supplementary examinations for the papers of the fifth and sixth semester as and when they are scheduled by the Faculty of Law, University of Delhi.
The court had on July 28 directed DU to file a further affidavit indicating whether there was a system of holding supplementary examinations for odd semesters for final semester students along with the examination for the final semester and if so when was the same discontinued and whether DU requires any approval from the Bar Council of India for holding the supplementary examinations and if so, whether it has received the same for the new system.
Amit Sharma had submitted that the varsity has not filed a reply, in spite of the direction from the court to file a detailed reply. He argued that he is challenging the legality of impugned notification of DU of August 22, 2017, and also informed the court that university has not replied to RTI filed by them either.
The petitioners had approached the High Court against the new scheme introduced by the university as per which a final year student, who has not cleared any exams from the first four semesters, may appear for the same at the "regular examination" held at the end of each term.