My daughter had taken admission in B. Sc.(H) Physics in yr. 2010 in Delhi in a college of DU. I was a year when DU had introduced semester system and due to which many agitations and problems were created by teaching staff. Then, by her college, she was not got noted/ apprised about the marks awarded to her against her Internal Assessment section (maximum 25 marks per paper). Now, by 2014, she has cleared her all papers of all semesters with more than 60% marks except her Chemistry paper in which she got 05/25 marks in IA section and 33/75 in Theory section and consequent to the shortage of only 02 marks, she got ER in this Chem. paper. Since her college did not apprised her IA marks earlier before sending it to university, she could not appeal formally against it within prescribed time period but she had been getting it chased for the last four years. It is also to be apprised that college has not any academic record for the yr. 2010 and it was told it a time barred case. Now, last month, college authorities have processed and forwarded her " IA change request form " (to be changed from 05 marks to 08 marks, as she needs only 02 more marks it was ok to her) to DU authorities. It shows that college has accepted its mistake. But now DU has turned downed her said change request. Since she has to save her precious year and her admission taken in B,Ed. for the session 2014-15, she urgently need helps. Please suggest the course of actions available as per rules/law, so that we may get certain success (getting the said IA change request accepted from DU) with least expenses and within shortest time period. Hoping for earliest reply/help. Thanks. M. K. Sharma.
Hello,
You need to approach the university with a proper application to accept the change of IA
Demand in writing the reason for not admitting the request.
Send a legal notice to the university to follow up with a civil suit to get a declaration of the change made by the college and direct the university to accept the change.
1) the DU has refused to accept the change in marks awarded by the college in IA from 05/25 to 08/25
2) in such a case you have to contact a local lawyer and issue notice to DU to accept the chnage in marks awarded by the college .
3) if DU refuses to accept the change your best remedy is to file writ in delhi HC against the university
The best remedy is to approach high court against the marks awarded in internal assessment and is done to due to personal grudge and asking to reasses the marks given and give direction to the university for the same
Send a legal notice through a lawyer to DU for accepting change of marks awarded by college. In case, the same is not done or refused after service of legal notice, file writ petition in High Court for necessary directions to DU
1. College is the authority to award marks,
2. Your daughter's college has already changed her awarded marks from 05/25 to 08/25 which should be treated as final as regards her marks are concerned,
3. DU has no scope to disallow such change of awarded marks by the college prejudicing your daughter's interest,
4. If DU finds any fault with the college, it should take action against the college,
5. File a writ petition against DU before the High Court making the college also a party praying for direction upon the DU to accept the change of awarded marks of the college immediately since it it is urgently required by your daughter to pursue her B.Ed Course.
file writ of MANDAMUS in delhi high court against DU so that DU accept the change of awarded marks of the college .
1. The marks awarded by college to your daughter @ 5/25 in IA and 33/75 in theory in chemistry could not have been changed by DU as college and not university is the authority to award the marks. It is wrong on your part to equate with acceptance of mistake the act of college to forward to DU the request of your daughter to change her marks from 5/25 to 8/25. No court will recognize it as an ''acceptance of mistake'' by the college. This defence may rather prove counter productive to your daughter in the court. If the college had accepted the request of enhancement of marks of your daughter and forwarded it to DU then DU could not have disallowed it under any circumstances.
2. Has your daughter received a written communication from DU turning down her request to enhance her marks in IA from 5 to 8?
3. The only legal remedy which will subserve your daughter's interest by saving her precious academic year is to move the Delhi High Court against DU and the concerned college seeking an order to DU to allow the change in marks from 5 to 8 in IA awarded by the college of your daughter. This legal remedy alone can produce the desired result for your daughter. Do not delay initiating the legal process as delay in pursuing the remedy before the High Court may foreclose it.
Immediately file a writ petition in Delhi High Court. .
in reference to the valuable advice given under para Ist by Sh. Ashish Davessar, the following clarification is given in brief: a). In under graduate programme of University of Delhi, out of 100 marks per paper, 75 marks are awarded by DU against semester end exams. and 25 marks per paper of each semester against Internal Assessment (IA) are awarded by respective college. These 25 which are further divided into three segments i.e. 5 for Attendance, 10 for In-house Exms. & 10 for Assignments. Then she also got ER in several papers including paper in question, but student's performance in sem. end theory paper is not linked with the award of IA marks, it mean student may get 25/25 marks in IA even if failed in same theory paper. In order to avoid any discrepancy/mistake, respective college should get these IA marks noted from respective students before sending it to university. Here, point is that college had failed to do its duty to get IA marks noted from student perhaps due to certain reasons involved with the newly system of semester introduced just in the 2010 in under graduate programme. b). There is a procedure to get IA marks shown in marks chard after declaration of sem. result changed from university. But, soon after the receiving of sem. marks card in the year 2011, my daughter did raised the discrepancy of her IA marks - 5/25 in Chem.paper and 0/5 in Eng. paper. She was advised by college that these would be got corrected soon. Due to the pressure of her study and fear of teaching/concerned staff, she did not take this matter forcefully. But, the rectifications were not made till 2013. College authorities were saying that now they have no academic records of the year 2010 and that it is a time barred case. c). In the mean time, DU has issued a notification on Grievances Redressal Mechanism vide Dean/Exm.'s ref. no. Dean(E)/2014/3099 dated 23/05/2014 (para 4 if this letter applies in the case of my daughter) wherein colleges were advised to send IA Change requests of their students admitted under three year and four year semester system . So my daughter, again approached and requested to college authorities to get her IA marks of only Chem. paper rectified/revised. Since she was passed in Eng. paper with the help of only theory marks ( i.e. 40 ), she did not insist for the rectification/revision of IA marks of Eng. paper. College has recommended for change from 05/25 to 08/25 marks only in her Chem. paper as an overall marks as they have no breakup record. College has perhaps some thing in written about her 08/10 marks in Assignment section. d). Now, university has turned down her said change request. Copy of this letter would be made available by the respective college on 25/8/2014.
if university has turned the change request file WP in Delhi high court . society should also be made party to said petition . seek direction to DU to accept change of marks awarded by college
file writ of MANDAMUS in delhi high court against DU so that DU accept the change of awarded marks of the college
as advised to u earlier.
1. The college has changed the awarded marks of your daughter,
2. It is thus accepted by the college that your daughter had received higher marks than what they had mentioned ealier,
3. This is the mistake of the college and not your daughter's,
4. File a writ petition before the High Court as suggested in my earlier post,
5. It is a good case to win.
1. The college has indubitably failed in its duty. This failure in duty entitled your daughter to immediately bring legal action in a court of law, but she did not do so.
2. The college authorities followed a dilly-dallying approach, which again entitled you daughter to move to court. From my personal experience, dating back to my time in the university, I can vouch that college and department people impede the rights of a student.
3. As I suggested earlier, the only legal remedy open to your daughter is to move the High Court. After she receives the said letter on 25th she should immediately move the Delhi HC to reap the fruit of her struggle against the college and university authorities. She has a good case, but further delay in bringing the requisite legal action might draw curtains on her only remedy under the legal framework.
Best wishes
Hello
You need to move the High Court and file a writ petition to get a directive issued to the DU
You move to high court as you said there are three criterial in getting assessment mark and there will be a minimum mark for each criteria then how come she is awarded 5 and then 8 .file a writ petition against the grudge and ask them to rejudge the assessment by keeping another person
Dear Sirs, I have just got a copy of DU's letter dated 07/08/2014 from my daughter's respective college, wherein it has been advised that my daughter's subject case is rejected. DU here cited a rule - As per IA rules amended clauses 6(i): " In the case of students who repeat one or more paper(s), or all papers of any part or semester, the IA marks shall be carried forward " As per rules the same is rejected. Above rule means that if a student gets 05 marks in IA section of a paper and after sem. end exm. he/she gets back/ER in same paper, the IA marks shall be carried forward for the next year's theory exm. of the same (as back/ER) paper and there will be no change in IA marks earlier awarded i.e. 05 marks. This rule is OK. But in our case, we do not want the change of IA marks consequent to the repeat of same paper in next year, rather we want to get the earlier faulty awarded IA marks rectified which were actually given more than 05 marks and now the college has also accepted the same as it was 08 marks. In view of above, it is clear that the concerned DU authority has misguided both to its system, college and my daughter. Now, I think there are two options with us - Ist is to send legal notice and then to approach court of law to file writ of MANDAMUS in delhi high court against DU (if it does not cost expensive and if it saves a year of my daughter) and IInd is to appear for repeat exam. in Chem. paper (in theory section only) which is due to be held in Nov.-2014 (it certainly waste her one year). If the honorable panelists are agreeing, please advise (i) percentage of success/winability (ii) the name of local advocate/s who have ample experience in such academic matters and who have already contested such cases successfully. (iii) Maximum time taken to decide the said case in favour of my daughter. (iv) maximum expenses including all charges to be borne by us. Please reply and help. Thanking you.
file writ of MANDAMUS in delhi high court against DU so that DU accept the change of awarded marks of the college as advised by me to you.
i. cannot predict
ii.search from kaanoon list.
iii.cannot say about time.
iv.depend on lawyer you choose.
1. There is only one option i.e to move Delhi High Court. Issuing a lawyer's notice will be an exercise in futility, as DU will in response to your lawyer's notice, merely reiterate its stand. This is the standard practice followed by it and all other educational institutions.. Therefore, initiate the required legal proceedings right away in the High Court without wasting time on issuing lawyer's notice to DU and college.
2. No lawyer can ever foretell the success or failure percentage, moreover it is unethical to do so. One hallmark of a court room proceeding is uncertainty of its result. While your daughter does have a very good case, nobody can guarantee the result.
3. You may search the required lawyers from this website itself.
4. Time that will be consumed by the court cannot be predicted. You must be knowing that Indian courts are reeling under a crushing backlog of cases, on account of which the time taken for deciding a case is more than usual. It may take a few months for the court to pronounce its judgment, albeit she will in the meanwhile be allowed to pursue her B.Ed. course.
5. Charges will be the legal fee of your lawyer which he alone can tell.
I have already told you to file a writ in the high court .lawyers fee depends on the person you choose or you can directly file a writ in the high court
1)no lawyer can guarantee results of litigation .
2)you will have to search in this website for lawyers practising in delhi high court
3)courts are over burdened with cases .huge backlog of cases . we cannot say how long Delhi HC will take in disposing your cases
4) legal fees vary . we cannot say what would be the fees charged by Delhi HC lawyer .
1. In this case there is no change of marks at all,
2. It is correction of the tabulatory or typographical mistake committed by the college,
3. File WP immediately,
4. It should not take more than 1 months if tyhe case is brought to the list after mentioning,
5. Chgance of winning is good and fees vary from lawyer to lawyer.
Dear Sirs/Madam,
I am very thankful to all of you for your kind and valuable advices on the subject matter. As a last chance, today I am sending a review petition to VC of University of Delhi to look in to my matter in the true context of rules and if it is not answered or answered negetively, i will certainly go for WP in Delhi High Court. Copy of request to VC is given as under. Please see. Thanks.
Dated: 28/08/2014
The Vice Chancellor
University of Delhi
DELHI
Sub.: Redressal of grievances – request to give personal hearing and to review / approve the case of the applicant for ‘change in Internal Assessment Marks’ in Chemistry paper (Code 217153/217181), duly processed as per extent rules and recommended from college.
Respected Sir,
With due respect and humble submission, I am hereby again requesting your honour to look into my subject matter. I have been pursuing my said case to get the concerned grievances redressed from my college and university for the last four years and still waiting for necessary actions to get me endowed due justice. I am again stating following few facts for your kind consideration and allowing me due justice.
1. That I had taken my admission in Ist. year of B.Sc.(Hons) Physics in Shivaji College, Delhi (DU) under semester system in the session Yr. 2010-11. That was the year when DU had introduced semester system in undergraduate programme for first time and despite all difficulties caused by the then agitation of a section of teaching staff against introduction of semester system, I attended my all classes in almost every college-days & I ensured to give almost 100% attendances in all classes.
2. That then I was neither got acknowledged/ intimated/ seen any checked in-house exam papers or assignments nor any statement of Internal Assessment marks of any paper of Ist semester was got seen/acknowledged from me by my college before sending it to university. I came to know about my IA marks only through my marks card of Ist semester received in the Yr. 2011. Then, I was shocked to see that under Internal Assessment, I was given merely 05 marks in Chemistry paper (Paper code217153/217181) and 00 marks in English paper (Paper code 203191).
3. That despite putting up the said mistakes/discrepancies and to redress my grievances against it immediately and repeatedly in to the notice of my subject teachers/ HODs/ college authorities/ university, no rectification/ revision was made or arranged. Now, I am in a situation that I have cleared all papers of my all semesters with more than 61% marks except the said one paper i.e. Chem. Paper. In the meantime, I have also qualified IIT-JAM (Phy)-2014, but due to non- redressal of my said grievance, I am still waiting for my admission in the said higher programme. Copy of my last application sent to my college on dt. 17/07/2014 is enclosed herewith for your ready reference.
4. In the mean time, I have also written to university authorities and appeared in ‘VC Darbar at Ghandi Bhawan’ for several times to get my said grievances resolved either from my college or by extending any suitable help from university by the means of upward moderation/ grace-marks etc. But, it is sorry to say that university officials have not instructed/ forwarded it formally to college authorities to look into my grievances and instead preferred to intimate me that ‘there is no provision of grace marks’. Rather, university officials should have instructed to college authorities to resolve my long pending grievance.
Contd. – 2.
-2-
5. Recently, my said long pending grievances were looked into and after finding my grievance as a genuine one, my college authorities have recommended and sent prescribed request form for change in my IA marks of my Chemistry paper – code 217153/217181 (IA marks to be changed from earlier shown 05 marks to 08 marks) to the respective authority of the university vide its letter ref. no. HSC/Adm./2364/14 dated 25/07/2014 (copy enclosed) probably in terms/compliance of Dean(Examinations)’s Ref. no. Dean(E)/2014/3099 dated 23/05/2014 (copy enclosed). Now, I have no issue left with my college.
6. But, again university authorities have not consider it in true context and rejected the college recommendation by citing a rule as - As per IA rules amended clauses 6(i): " In the case of students who repeat one or more paper(s), or all papers of any part or semester, the IA marks shall be carried forward " As per rules the same is rejected (copy of OSD(Exam)’s rejection letter bearing Ref. No. EDP-4634 dt. 07/08/2014 is enclosed for your ready ref.) The said rule means that if a student gets certain marks in IA section of a paper and after sem-end exam, he/she gets Back/ER in same paper, the same IA marks shall be carried forward to be added to the next year's theory exam of the same paper (taken as back/ER) and there will be no re-assessment to change in the earlier awarded IA marks of the same paper.
7. The said rule is ok, but it does not apply to my case. As, in my case, I do not want the re-assessment to change my IA marks consequent to the repeat of exam of same paper in next year/s, rather I want to get the earlier faulty awarded IA marks rectified. Had my IA marks got seen/noted to me in the year 2010, the same could have been rectified before sending it to university and then there would have no issue of my grievance. Now, the college has also accepted the said mistakes/ discrepancies in IA marks of my Chemistry paper (Paper code 217153/217181) recorded in the year 2010 and that it was actually more than 05 marks and consequently it has advised vide its above referred letter to the university to get it corrected/changed as 08 marks instead of 05 marks.
In view of the above facts & circumstances, I hereby humbly request your honour to give me personal hearing and to review my subject case favourably & in the true context as it has nothing against existing rules and procedure. We shall be highly thankful to your honour for your kind consideration and allowing me due justice.
Thanking You
Yours sincerely
(NITIKA)
D/O Sh. Mahesh Kumar Sharma
Exam Roll No. 10071267028
R/Address:
180/11, Railway Colony,
Kishanganj, Delhi-1100071. The representation is ok. Let your daughter send it.
2. DU will in all likelihood sleep on your daughter's representation. If no reply is received within a week then initiate the required legal proceedings.
1) your daughter should sign representation and send it registered post AD or courier .
2) in case no reply is received within period of 15 days file WP as advised earlier
ur review petition is perfect and send it asap.if no positive action is taken by DU then file writ of mandamus in HC.
It is better with no time you file a writ and seek direction to reasse it again
1. Send the said petition by Speed Post and collect the printout of the track record,
2. The petition will, most likely, not be addressed,
3. If no action is taken within next 15 days, file the Writ Petition before the High Court as has been suggested in earlier posts.
Immediately file a writ