Payal Vs University of Delhi and Ors. — Delhi HC (2025) — LawSathi Research

Payal Vs University of Delhi and Ors. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petitions disposed of on the University's stand recorded: Petitioners entitled to appear in 2nd year supplementary examination in the failed subjects; on passing, 3rd year sealed-cover results to be declared considering attendance under interim orders; supplementary results produced in Court to be declared officially; pending CM applications disposed of.

Issue for consideration

Whether the Petitioners, not promoted to 3rd year BOT for having failed to clear some 2nd year subjects, were erroneously debarred from 3rd year classes and the 3rd year annual examination despite the 'Note' in the results declared on 25.11.2024 indicating eligibility for promotion to 3rd year class and reappearance in the shown papers

Court's answer

In light of the Petitioners' 2nd year marks (failures in Orthopaedics and/or General and Health Psychology), no direction can be issued to the University to promote the Petitioners to 3rd year at this stage.

Ratio / Principle

The writ petitions are disposed of on the stand of the University, taken on record, that the Petitioners will be entitled to appear in the supplementary examination of the 2nd year in the subjects they have failed to clear.

Key takeaways

If the Petitioners appear in and pass the 2nd year supplementary examination in the concerned subjects, their 3rd year result (held in sealed cover) will be declared considering their attendance at 3rd year classes under the interim orders.ratio¶62
The results of the Petitioners for the 2nd year supplementary examination produced in Court shall be declared officially.ratio¶62
The order is passed in the peculiar facts of these cases and shall not be treated as a precedent in any other case.

Detailed headnote1 paragraphs

Education – University of Delhi – Bachelors of Occupational Therapy (BOT) – Non-promotion to 3rd year for failing to clear 2nd year subjects (Orthopaedics; General and Health Psychology) – 'Note' in results declared 25.11.2024 read with interim orders permitting attendance at 3rd year classes and appearance in 3rd year exam, results kept in sealed cover – On verification of marksheets, Court held no direction for promotion could issue at this stage – Writ petitions disposed of on University's recorded stand: Petitioners entitled to appear in 2nd year supplementary examination in failed subjects; on passing, sealed-cover 3rd year results to be declared considering attendance under interim orders; supplementary results produced in Court to be declared officially – Order expressly confined to peculiar facts, not precedent – Applications under S. 151 CPC for early hearing allowed and disposed (Jyoti Singh, J., 02.12.2025).

$~99 to 102

IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(C) 8850/2025

PAYAL .....Petitioner

Through: Mr. Sameer Chandra, Mr. Aryan Tomar, Mr. Shubham Parashar and Mr. Fahad Zia, Advocates.

versus

UNIVERSITY OF DELHI AND ORS. .....Respondents Through: Mr. Ankur Chhibber, Mr. Arjun Panwar and Mr. Anshuman Mehrotra, Advocates for Delhi University. Mr. Ashish K Dixit, CGSC with Mr. Umar Hashmi and Ms. Iqra Shiekh, Advocates for UoI. 100 + W.P.(C) 10542/2025

SONI PAL .....Petitioner

Through: Mr. Aryan Tomar, Mr. Shubham Parashar and Mr. Fahad Zia, Advocates.

versus

UNIVERSITY OF DELHI AND ORS .....Respondents Through: Mr. Ankur Chhibber, Mr. Arjun Panwar and Mr. Anshuman Mehrotra, Advocates for Delhi University.

101

W.P.(C) 10588/2025

HARJEET KAUR .....Petitioner

Through: Mr. Aryan Tomar, Mr. Shubham

W.P.(C) 8850/2025 and connected matters

Page 1 of 5

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/12/2025 at 13:14:31

Parashar and Mr. Fahad Zia, Advocates.

versus

UNIVERSITY OF DELHI AND ORS .....Respondents Through: Mr. Ankur Chhibber, Mr. Arjun Panwar and Mr. Anshuman Mehrotra, Advocates for Delhi University.

Mr. Premtosh K. Mishra, CGSC with Mr. Prarabdh Tiwari, Mr. Anurag Tiwari and Ms. Shrey Sharma, Advocates for R-2.

102

- W.P.(C) 10820/2025

SAKSHEE KUMARI .....Petitioner

Through: Mr. Aryan Tomar, Mr. Shubham Parashar and Mr. Fahad Zia, Advocates.

versus

UNIVERSITY OF DELHI AND ORS .....Respondents Through: Mr. Ankur Chhibber, Mr. Arjun Panwar and Mr. Anshuman Mehrotra, Advocates for Delhi University.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 02.12.2025

CM APPL. 75237/2025 in W.P.(C) 8850/2025 CM APPL. 75245/2025 in W.P.(C) 10542/2025 CM APPL. 75352/2025 in W.P.(C) 10588/2025 CM APPL. 75348/2025 in W.P.(C) 10820/2025

These applications are filed on behalf of the Petitioners under Section

151 CPC for early hearing of the writ petitions, which are listed on

W.P.(C) 8850/2025 and connected matters

Page 2 of 5

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/12/2025 at 13:14:31

10.12.2025.

Issue notice.

Counsels, as above, accept notice on behalf of the respective Respondents.

For the reasons stated in the applications, the same are allowed and disposed of.

W.P.(C) 8850/2025 & CM APPLs. 37835/2025, 63635/2025, 67931/2025, 71576/2025

W.P.(C) 10542/2025 & CM APPLs. 67928/2025, 71721/2025 W.P.(C) 10588/2025 & CM APPLs. 43921/2025, 67919/2025, 71725/2025 W.P.(C) 10820/2025 & CM APPLs. 67925/2025, 71722/2025

With the consent of the parties, writ petitions are taken up for hearing today.

Petitioners approached this Court by filing these writ petitions while pursuing their studies in Bachelors of Occupational Therapy (‘BOT’) in Respondent No.2 institute affiliated to Respondent No.1/University of Delhi ventilating a common grievance that they were erroneously debarred from attending classes of 3^rd year as also appearing in the upcoming annual examination of 3^rd year, which was scheduled to start in July/August, 2025. Petitioners were not promoted to 3^rd year owing to the fact that they had not cleared some subjects in the 2^nd year. The writ petitions are predicated on a ‘Note’ inserted in the results declared on 25.11.2024 providing that “the paper/s shown under the result column indicates that the candidate is eligible for promotion to the 3^rd year class and to reappear in the said paper along with the paper/s of Part-III (3^rd year) Examination”.

During the pendency of these writ petitions, interim orders were

W.P.(C) 8850/2025 and connected matters

Page 3 of 5

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/12/2025 at 13:14:31

passed by the Court permitting the Petitioners to take classes of 3^rd year as also to appear in the 3^rd year final examination with a further direction that the results will be placed in a sealed cover and the interim orders will be subject to final outcome of the writ petitions. Court also directed that the interim orders will not create special equities in favour of the Petitioners.

Court had called for the original results and marksheets of the Petitioners for the 2^nd year, which have been produced by the University. Petitioner in W.P.(C) 8850/2025 has cleared Orthopaedics in supplementary examination of 2^nd year but has failed in General and Health Psychology with 33/100 marks. Petitioner in W.P.(C) 10542/2025 has failed to clear Orthopaedics in 2^nd year supplementary exam with 37/100 marks; Petitioner in W.P.(C) 10588/2025 has failed to clear the subject of Orthopaedics with 27/100 marks; and Petitioner in W.P.(C) 10820/2025 has been unable to clear Orthopaedics as she has obtained 35/100 marks.

In light of this, no direction can be issued to the University to promote the Petitioners to 3^rd year at this stage. Counsel for the University, on instructions, submits that owing to the fact that writ petitions are pending and under interim orders Petitioners have appeared in the 3^rd year examination and attended classes of the 3^rd year, Petitioners may appear in the supplementary examination for the 2^nd year and if they clear, the result of 3^rd year examination which is placed in the sealed cover, will be declared, basis which future course of action will be decided.

Accordingly, these writ petitions are disposed of taking the stand of the University on record that Petitioners will be entitled to appear in the supplementary examination of the 2^nd year in the subjects they have failed to clear. Needless to state that if the Petitioners appear in the supplementary

W.P.(C) 8850/2025 and connected matters

Page 4 of 5

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/12/2025 at 13:14:31

examination and pass in the concerned subjects, their 3^rd year result will be declared considering that they have been attending classes for the 3^rd year albeit under interim orders of the Court. The results of the Petitioners for the supplementary examination of 2^nd year, which have been produced in Court today, will be declared officially. It is made clear that this order is passed in the peculiar facts of these cases and will not be treated as a precedent in any other case.

Pending applications stand disposed of.

JYOTI SINGH, J

DECEMBER 2, 2025 S.Sharma

W.P.(C) 8850/2025 and connected matters

Page 5 of 5

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/12/2025 at 13:14:31