Delhi High Court dismisses fanciful 35 crore compensation claim by Jamia student

The Delhi High Court recently dismissed an appeal by a student of Jamia Millia Islamiya University, in which he had claimed a compensation of Rs. 35 crore, on various grounds including the fact that the re-evaluation result for an exam, in which he had failed, was not declared on time..Mohammad Usman, who had taken admission in the Bachelor of Engineering course, could not pass the re-examination as well. He contended that he was unable to pass the re-examination due to lack of preparation time as the re-evaluation result (which also declared that he had failed) was delayed..He further contended that if he had been informed earlier about his failure in the initial examination through the re-evaluation result, he would have begun preparations for the re-examination sooner. He also argued that there were some errors in the mark sheets issued to him. .A Single Judge Bench had earlier dismissed the plaint by Usman after which he preferred an appeal before the Division Bench..The Bench of Justices Sanjiv Khanna and Navin Chawla observed the following,.“Having considered the contentions raised by the appellant, we are in agreement with the single judge that the plaint does not disclose cause of action..It is true that there were errors in the mark sheets, but this did not make any difference for the final outcome was the same, i.e. the appellant did not pass.”.With regard to the delay in the re-evaluation result, the Court held,,.“It was for the appellant to prepare himself for re-examination, even if he had applied for reevaluation. The appellant could not have assumed that he would clear the first year examination solely because he had applied for reevaluation.”.Finally, the Court concluded that in these circumstances, they do not think that the plaint, discloses any cause of action for a suit for damages of Rs. 35 crore, which is rather fanciful..“To claim damages, loss caused has to be shown, along with the causal connection linking the loss with the negligence and errors by the defendants. As the appellant had failed, the alleged lapses in the factual matrix would not confer any cause of action in the absence of link and causal connection of the act of negligence with the ‘loss’.”.Read Judgment:

Delhi High Court dismisses fanciful 35 crore compensation claim by Jamia student

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