Ankita Meena v. University of Delhi (2021) - Right of Women in Higher Education in Pregnancy

DATE: 22^nd January, 2021

JUDGES:

• A. Bobde
• S. Bopanna
• Ramasubramanian

PARTIES: Ankita Meena (PETITIONER) and University of Delhi (RESPONDENT)

SUBJECT

This judgement deals with the issue of declaration of results of supplementary examination of a student who could not attain minimum required attendance due to pregnancy.

OVERVIEW

1. The petitioner, Ankita Meena, was enrolled in the three year LLB course at Faculty of Law, University of Delhi in 2016 and was married for five months at the time she got admission in the University.
2. In 2018, when she was in her 4^th semester, she could not attain the minimum required attendance which is 70% mainly due to two reasons- (i) she gave birth to a child in February 2018 and could not attend the classes till March 2018, and, (ii) the University could not conduct minimum number of classes because the Delhi University Teacher’s Association went on a strike from March 16^th, 2018.
3. The petitioner was then detained and was not allowed to write her 4^th Aggrieved, she filed a petition before the Delhi High Court which dismissed the petition stating that the field of legal education has its own sacrosanctity. Quoting Roscoe Pound the Delhi High Court stated “if a law student does not attend lectures or obtain the requisite percentage of attendance, he cannot think of taking a leap to another year of study. Mercy does not come to his aid as law requires a student to digest his experience and gradually discover his own ignorance and put a progressive step thereafter.”
4. After that, an intra court appeal was filed which was also dismissed. However, in October 2018, the Supreme Court granted interim relief to her permitting her to attend classes of next semester. The court in February 2019 ordered the University to allow the petitioner to attend the classes of 6^th semester, and in July 2019 asked the University to permit her to appear in 5^th semester supplementary examination.
5. Then in July 2020 the court again directed the University to declare the 4^th and 6^th semester results of the petitioner. After such orders from the Supreme Court, the petitioner was allowed to appear in 4^th, 5^th and 6^th semester exams. The university as per order dated 28/07/2020 declared the results of 4^th and 6^th semester exams but did not declare the results of 5^th semester supplementary exams.
6. Thus, the petitioner once again has appeared before the court seeking direction to the University to declare the 5^th semester supplementary exams result and grant her the degree and the consolidated mark sheet.

IMPORTANT PROVISIONS

ORDINANCE VII CHAPTER III OF Delhi UNIVERSITY

• Rule 2(9)(d)- In the case of a married woman student who is granted maternity leave, in calculating the total number of lectures delivered in the College or in the University, as the case may be, for her course of study in each academic year, the number of lectures in each subject delivered during the period of her maternity leave shall not be taken into account.

RULE OF LEGAL EDUCATION, BAR COUNCIL OF India

• Rule 12- End Semester Test- No student of any of the degree program shall be allowed to take the end semester test in a subject if the student concerned has not attended minimum of 70% of the classes held in the subject concerned as also the moot court room exercises, tutorials and practical training conducted in the subject taken together.

Provided that if a student for any exceptional reasons fail to attend 70% of the classes held in any subject, the Dean of the University or the Principal of the Centre of Legal Education , as the case may be, may allow the student to take the test if the student concerned attended at least 65% of the classes held in the subject concerned and attended 70% of classes in all the subjects taken together. The similar power shall rest with the Vice Chancellor or Director of a National Law University, or his authorized representative in the absence of the Dean of Law.

Provided further that a list of such students allowed to take the test with reasons recorded be forwarded to the Bar Council of India.

ISSUES

The issue before the court was whether the petitioner is entitled to obtain her degree and mark sheet or not?

ANALYSES OF THE JUDGEMENT

• In the present judgement the Supreme Court was dealing with rights of women in their higher education, especially in professional courses, when they are pregnant.
• It is quite saddening that the high court did not grant relaxation in attendance to the petitioner on the ground that the course she was enrolled in was a professional course and has its own sacrosanctity. The division bench also denied her the relief seeked.
• However, it is quite relieving that the Supreme Court of India heard the matter and directed the university to allow her to appear in the 4^th, 5^th and 6^th semester examinations.
• The petitioner relied upon rule 2(9)(d) of Ordinance VII rule III of Delhi University which mentions that the number of in each subject during maternity leave will not be taken into account.
• The court observed that she has completed the course in its entirety and the result of all semesters has been declared except 5^th semester supplementary exams. Therefore, the court held that once the petitioner has completed the course and also written the 5th and 6th Semester Examinations and even got the results of all the semester examinations except the 5th Semester   Supplementary   Examinations   published, the adjudication of the dispute in the SLPwill only be a matter of academic interest.
• Thus, the Court directed the University to declare the petitioner’s 5^th semester supplementary exams result and issue the degree if she passed the examinations.

CONCLUSION

• Isn’t it quite annoying and mind boggling at the same time that it is 2021 and women still are being denied their right to equality and is expected to chose between education and motherhood. True is the fact that professional courses require skill and expertise but it is also not hidden that women in India face various stereotypical social issues when it comes to marriage and education. Early marriage is one of those issues and professional courses, particularly law and medical typically require 5 to 6 years of minimum higher education.
• Therefore, the decision passed by the Delhi High Court and the division bench not only acts as a hindrance for the women who choose to continue their higher education after marriage but also denies them of equality.
• Most women are expected to sacrifice their education and career for their kids and family and when some take a stand for themselves, then university rules create new barriers.
• Although, the approach of the Supreme Court is a sigh of relief concerning the matter but the approach of the High Court and the manner in which the University acted for 2 years is an example of the social status and the position of equality between men and women in India and it cannot be overlooked.

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