Delhi High Court - Orders
Pratishtha Kumar vs Delhi Pharmaceutical Sciences And ... on 10 February, 2026
Author: Jasmeet Singh
Bench: Jasmeet Singh
$~126
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 18530/2025
PRATISHTHA KUMAR .....Petitioner
Through: Mr. Sahil Sharma & Mr. Rakesh
Wadhwa, Advs.
versus
DELHI PHARMACEUTICAL SCIENCES AND RESEARCH
INSTITUTE & ANR. .....Respondents
Through: Mr Rajneesh Tingal, Adv.for R1
Ms Avni Singh (Panel Counsel-
GNCTD) with Mr Vaibhav Sharma,
Advocates
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH
ORDER
% 10.02.2026
1. This is a writ petition filed under Article 226 of the Constitution of India seeking the following prayers:-
"a) To issue a writ of Mandamus or any other writ, order or direction in the nature thereof, thereby directing the Respondent No. 1 University to allow the Petitioner to give 5th Semester examination of B-Pharm to be held in December, 2025;
b) To issue a writ of mandamus or any other writ, order or direction in the nature thereof, issuing necessary directions to the Respondent No. 1 University for issuing the admit card to the Petitioner for 5th Semester Examinations; and"
This is a digitally signed order.
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2. The case of the petitioner is that the petitioner got admitted to the B- Pharmacy Course offered by respondent No. 1 University in the year 2023.
3. In January 2024, the petitioner successfully completed her 1st Semester of B. Pharmacy Course but could not succeed in three subjects i.e., Pharmaceutical Organic Chemistry-I (Theory), Pathophysiology (Theory) and Biochemistry (Practical) of the 2nd Semester.
4. Thereafter, the petitioner was admitted to the 3rd Semester and the petitioner cleared the said semester in January 2025.
5. On successfully completing the 3rd Semester, the petitioner was admitted to the 4thSemester. The petitioner applied for re-examination qua the abovementioned subjects of the 2nd Semester in her 4th Semester and along with 4th Semester Examinations, the petitioner gave her re- examinations of the abovementioned 3 subjects of 2ndSemester.
6. The petitioner cleared her 4th Semester but could not clear the re- examination qua her subjects of 2ndSemester.
7. The petitioner was thereafter admitted to the 5th Semester and paid her admission fees of the 5th Semester and duly attended the 5th semester classes.
8. It was only around 10.11.2025, that the petitioner became aware that respondent No. 1 University will not allow her to sit in final examination of the 5th Semester.
9. Since, the Respondent No. 1 University did not allow the petitioner to give her 5th Semester Examinations and the dates of examinations were from 08.12.2025 to 10.12.2025, the petitioner filed the present petition.
10. The petitioner pursuant to the Order dated 06.12.2025, was permitted to appear in the examination for the 5th Semester commencing from 08.12.2025.
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 13/02/2026 at 20:41:50
11. Mr. Tingal, learned counsel for the respondent No. 1, states that the petitioner is short of attendance and hence, cannot be permitted to continue any further. He draws my attention to paragraph No. 6 of "Chapter-I:
Regulations" of "Rule & Syllabus for the Bachelor of Pharmacy (B-Pharm) Course", which reads as under:-
"6. Attendance and progress A candidate is required to put in at least 80% attendance in individual courses considering theory and practical separately. The candidate shall complete the prescribed course satisfactorily to be eligible to appear for the respective examinations."
12. Per contra, Mr. Sharma, learned counsel for the petitioner, relies on the "Table-XII: Guidelines for the allotment of marks for attendance"
provided in "Chapter-I: Regulations" of the said Rule & Syllabus for the Bachelor of Pharmacy (B-Pharm) Course, which is extracted below:-
13. He further states that the petitioner shall be entitled to clear her 2nd Semester backlog along with supplementary examination of the 5th semester. The petitioner has already given 2 out of the 3 examinations and no date has 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 13/02/2026 at 20:41:50 been indicated for the third examination of the 2nd semester.
14. I have heard learned counsels for the parties.
15. A perusal of the "Table-XII: Guidelines for the allotment of marks for attendance", reproduced above, shows that consequences for less than 80% attendance have been provided in the guidelines itself i.e., awarding of zero marks for theory and practical and also rewards candidates with 95% and above attendance with 4 marks in theory and 2 marks in practical. Clearly, the consequences for low attendance has been provided in the Rule & Syllabus for the Bachelor of Pharmacy (B-Pharm) Course itself.
16. For the said reasons, I am of the view that the petitioner will suffer the consequences for less than 80% attendance by getting zero marks in theory and practical. However, less than 80% attendance will not be a reason for not permitting the petitioner to carry forward her academic career.
17. Additionally, paragraphs No. 16 i.e., "Academic Progression", in the said Rule & Syllabus for the Bachelor of Pharmacy (B-Pharm) Course, further states as under:-
"A student shall be eligible to carry forward all the courses of I, II and III semesters till the IV semester examinations. However, he/she shall not be eligible to attend the courses of V semester until all the courses of I and II semesters are successfully completed.
xxxxxxxxx Any student who has given more than 4 chances for successful completion of I / III semester courses and more than 3 chances for successful completion of II / IV semester courses shall be permitted to attend V / VII semester classes ONLY during the 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 13/02/2026 at 20:41:50 subsequent academic year as the case may be. In simpler terms there shall NOT be any ODD BATCH for any semester."
18. A bare perusal of the same shows that a student shall have 3 chances to complete his/her II semester courses i.e., first chance in II Semester, second chance in III Semester and third chance in IV Semester.
19. However, the petitioner has not been given three chances for successful completion of her 2nd Semester as the examinations for the 2nd Semester were not held in November/ December as provided in "Table-XIII:
Tentative schedule of end semester examinations" of Rule & Syllabus for the Bachelor of Pharmacy (B-Pharm) Course. The said table is extracted below:-
20. The fact that the petitioner did not get chance to give examination in 4th Semester is evident from the letter sent by respondent No. 2, which is extracted below:-
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 13/02/2026 at 20:41:50 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 13/02/2026 at 20:41:50 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 13/02/2026 at 20:41:50
21. For the said reasons (as the petitioner has already taken 2 out of the 3 examinations) subject to the petitioner participating in the supplementary examination for third paper i.e., Biochemistry (Practical) and passing, the petitioner shall continue with her academic career.
22. The petition is allowed and disposed of in aforesaid terms.
23. The necessary consequences from the Order shall flow.
JASMEET SINGH, J FEBRUARY 10, 2026/DM 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 13/02/2026 at 20:41:50