The Delhi High Court yesterday issued notice to the University of Delhi in a plea by a law student who was detained in the IV semester of the three-year LL.B. course, on account of shortage of attendance..The law student, who is currently studying in the fourth semester of the LL.B. course, was unable to attend the required number of classes, as she was pregnant at the time. Owing to this, she was detained..She approached the Delhi High Court against the said decision of the varsity. However, the Single Judge Bench dismissed her plea on the ground that it was bound by the decision in University of Delhi & Anr. V. Vandana Kandari & Anr..Thereafter, she filed the present appeal before the Division Bench of the Court through Advocates Himanshu Dhuper and Ashish Virmani..As per the appeal, the judgment of the Single Judge denies the appellant the right to give her examination,s solely as a result of her pregnant status, which is violative of Articles 14 and 21 of the Constitution..It is submitted that,.“The Ld. Single Judge erred in relying upon the said decision, which is against the Fundamental Rights of the Appellant, which is against the law settled by the Hon’ble Supreme Court in Air India v. Nergesh Meerza, AIR 1981 SC 1829, and not applicable to the facts of the instant case.”.The appeal also states that the denial of the maternity benefit to the Appellant would be in grave violation of the Fundamental Rights of the Appellant under Article 14 and Article 21 of the Constitution of India in as much as the Appellant has a right to reproduce and would be at a detriment only on account of her gender..The Division Bench of Justices S Ravindra Bhat and AK Chawla has issued notice to the University of Delhi and sought its response.
The Delhi High Court yesterday issued notice to the University of Delhi in a plea by a law student who was detained in the IV semester of the three-year LL.B. course, on account of shortage of attendance..The law student, who is currently studying in the fourth semester of the LL.B. course, was unable to attend the required number of classes, as she was pregnant at the time. Owing to this, she was detained..She approached the Delhi High Court against the said decision of the varsity. However, the Single Judge Bench dismissed her plea on the ground that it was bound by the decision in University of Delhi & Anr. V. Vandana Kandari & Anr..Thereafter, she filed the present appeal before the Division Bench of the Court through Advocates Himanshu Dhuper and Ashish Virmani..As per the appeal, the judgment of the Single Judge denies the appellant the right to give her examination,s solely as a result of her pregnant status, which is violative of Articles 14 and 21 of the Constitution..It is submitted that,.“The Ld. Single Judge erred in relying upon the said decision, which is against the Fundamental Rights of the Appellant, which is against the law settled by the Hon’ble Supreme Court in Air India v. Nergesh Meerza, AIR 1981 SC 1829, and not applicable to the facts of the instant case.”.The appeal also states that the denial of the maternity benefit to the Appellant would be in grave violation of the Fundamental Rights of the Appellant under Article 14 and Article 21 of the Constitution of India in as much as the Appellant has a right to reproduce and would be at a detriment only on account of her gender..The Division Bench of Justices S Ravindra Bhat and AK Chawla has issued notice to the University of Delhi and sought its response.