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Showing contexts for: drafting error in Takheng Lamnio vs University Of Delhi & Anr on 29 September, 2014Matching Fragments
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17. As noted above, in respect of a first year student, the University contended that if the attendance required is not met in the 1st Semester then the student would have to seek admission afresh in the next year. On the other hand, the position with regard to the second year and third year student is entirely different. The second year or third year student who misses classes and, is therefore, not permitted to take the semester examination does not require to apply as a fresh entrant and retake the Entrance Examination. Therefore, the attendance rules are not applied even-handedly to all students, and unfairly prejudice first-year students. It appears that while amending the Ordinance in an attempt to conform with the Bar Council of India Rules, as per the directions given in S.N. Singh-I (supra), the University amended Clause 2(8)(a) of Ordinance VII but overlooked the effect of its interplay with Clause 2(9) of Ordinance VII and other provisions, such as Promotion Rules and Re-admission Rules in respect of the LL.B. First Year. This has indeed created a significant amount of confusion amongst the staff, professors and students as to the intended meaning and interpretation. It is beyond the scope of these petitions to remedy the numerous drafting errors and inconsistencies in the University Ordinances/Rules and that is best left to the University to iron out in the light of the observations made herein."