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Supreme Court Dismisses NLSIU’S Appeal Against HC Direction To Promote Student.

Supreme Court Dismisses NLSIU’S Appeal Against HC Direction To Promote Student.

By- Shrey Garg.

Last year, NLSIU had denied a law student’s admission to the 4th year of B.A LL.B (HONS), on account of him failing in Child Rights Law examination due to alleged ‘plagiarism’ of his project work. He was also not allowed to take Special Repeat Examination of third trimester in the third year

On 20 November 2020, the Karnataka High Court had set aside an order passed by the NLSIU.

Subsequently, NLSIU had filed a special leave petition against the Karnataka High Court order in allowing the student to be promoted to next academic year. However, on Wednesday, the Supreme Court dismissed this petition.

The division bench comprising of Justice SK Kaul and Justice Hrishikesh Roy also directed the university to permit the student to join 5th semester.

 The bench observed :

We would say that normally the Court would loathe to interfere in disciplinary matters of educational institutions and if at all, the universities should be able to set its own house in order in its own way. But at times when things are pressed beyond the stage, judicial intervention becomes necessary and that is what appears to have happened in this case. We would make it clear that there is no encouragement by us for students to assume that they can get judicial redressal if they act contrary to the regulations.” 

“We appreciate that the petitioner/Institute is a School of excellence. We also appreciate the endeavour to prevent plagiarism. However, in the facts of the case, we do believe that as per the existing regulations, the necessary formalities were not followed and that is what has given rise to the order of the learned Single Judge, dated 18.11.2020.”

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