High Court of DelhiW.P.(C)/5013/2025

Sh Jai Nindra v. Chhotu Ram Rural Institute Of Technology & ORS.

2026-01-07Hon'Ble Mr. Justice Jasmeet Singh8 pages

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5013/2025 SH JAI NINDRA .....Petitioner Through:

Mr. Gaganmeet Singh Sachdeva, Mr.

Harshpreet Singh Chadha, Mr. Hridyesh Khanna, Ms. Ashraya Srivastava, Advs.

versus CHHOTU RAM RURAL INSTITUTE OF TECHNOLOGY & ORS. .....Respondents Through:

Mr. KC Mittal, Mr Yugansh Mittal, Advs. for R1 Ms. Khushboo Mittal, Adv. For Mr. Sameer Vashisht, Standing Counsel (Civil), GNCTD with Mr. B.S. Rawat, CI, DTTE for R2-4

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 07.01.2026 1.

This is a writ petition filed under Article 226 of the Constitution of India seeking directions to the respondents to declare the result of the improvement/reappear examination conducted on 07.02.2022. 2.

The brief facts of the case are that the petitioner is an Electrical Engineering (3-year Polytechnic Diploma course) student of the respondent No.1 College, namely Chhotu Ram Rural Institute of Technology. The respondent No.1 is a college affiliated to the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

respondent No.2, i.e., Board of Technical Education (BTE), the respondent No.3 is the Directorate of Training and Technical Education, who is responsible for implementing and evaluating the policies related to technical/vocational education, the respondent No. 4 is Government of NCT of Delhi i.e. the governing body of respondent Nos. 2 and 3. 3.

In the year 2016, the petitioner took admission in Electrical Engineering Course through the Common Entrance Test (CET) 2016. From the first year i.e. 2016 till 2019, the petitioner continued to qualify all the concerned exams except for one subject held in January 2019. The respondent No.1 issued a certificate dated 20.08.2019, wherein it was stated that the petitioner cleared all his exams except for one exam of the subject Electronic Devices, Circuits-I &App-I. 4.

Thereafter, the petitioner appeared in the improvement/reappear examination conducted on 07.02.2022 by the respondent No. 1. Subsequently, the respondent No. 2 vide Office Order dated 14.12.2022 cancelled the exam undertaken by the petitioner. 5.

Ms. Mittal, learned counsel for the respondent Nos. 2 and 3, states that the petitioner was ineligible to appear in the exam. She draws my attention to paragraphs 6 and 7 of the counter affidavit, which reads as under:

"6. That during the COVID-19 pandemic, as per Office Order dated 04.12.2020 issued by the then Controller, BTE, examinations were permitted to be conducted at the institute level for odd semesters. However, the Petitioner did not appear in this examination conducted by the Institute (CRRIT). The said examination constituted petitioner's last The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

permissible attempt under the applicable compendium and rules. Copy of the Office Order dated 04.12.2020 is annexed herein as ANNEXURE-R-2. and Copy of the Compendium is annexed herein as ANNEXURE R-3.

7. That subsequently, vide Office Order dated 03.11.2021 and related Circulars dated 07.12.2021 and 30.12.2021, institutes were again directed to conduct examinations at their own level. However, the Petitioner, having already exhausted the course duration and the two-year extension period allowed under the rules, was not eligible to appear in those examinations.

Copy of the office order dated 03.11.2021 is annexed herein as ANNEXURE-R-4. Copy of the circular dated 07.12.2021 is annexed herein as ANNEXURE R-5 and copy of circular dated 30.12.2021 is annexed herein as ANNEXURE R-6."

Further, she draws my attention to paragraph 16.5 of the Compendium, which reads as under:

"16.5 A student admitted to any diploma course will be required to complete the Diploma within a period of not exceeding two years plus the course duration. This period shall be irrespective of any reason for not taking the examination of the Board, or, detention on the basis of shortage of attendance/sessional or cancellation/disqualification from exam, for adopting the unfair means. No extension beyond the prescribed period will be permissible and the student will not be allowed to take any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

examination of the Board beyond this prescribed period." 7.

She also states that in view of the rules and regulations governing the conduct of diploma-level technical education, the petitioner could not be permitted to take the exam after June 2021 as both the course duration and the additional two year period are over.

I have heard the learned counsels of the parties. 9.

The respondent Nos. 5 and 6 have no role to play in the present petition. Accordingly, the names of respondent Nos. 5 and 6 stands deleted.

10. The notification dated 04.12.2020 is of relevance and is reproduced hereunder:

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

11. A perusal of the abovementioned notification shows that the respondent No. 2, was fully aware of Covid-19 pandemic and its catastrophic effects. The whole country as well as the world was struggling with the aftermath of the Covid-19. A perusal of clause 4 of the notification shows that the students for both odd and even semester, who were not able to appear in the September-October 2020 Examination, were permitted to appear in the examination, to be held by the home institutions at the discretion of the concerned principals.

12. The notification was primarily based on the ground that during Covid-19 pandemic, there were restrictions on movements, contact and exposure. Based on the notification dated 04.12.2020, the respondent No.1 conducted the examination on 07.02.2022, in which the petitioner duly participated.

13. In view of the extraordinary situation created by the Covid-19 pandemic, the petitioner is not at fault if no examination were held in September-October 2020.

14. Also, the counter-affidavit of the respondent No. 1 is totally silent if any exam was held pursuant to the notification dated 04.12.2020 prior to 07.02.2022.

15. The petitioner must be given the benefit of the notification dated 04.12.2020 in the absence of any material before the Court to show that any exam was held prior to 07.02.2022, in pursuance of the aforementioned notification.

16. In view of the notification dated 04.12.2020, the result of the petitioner needs to be declared expeditiously and not later than 4 weeks from The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

today.

17. The order passed is particular to the facts of the present case.

18. The counter-affidavit handed over in Court today is taken on record.

19. The petition is disposed of in aforesaid terms.

20. Next date of hearing i.e. 21.01.2026, stands cancelled. JASMEET SINGH, J JANUARY 7, 2026 / (MS) The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.