SC refuses relief to DU student who missed classes due to pregnancy
New Delhi, May 23: The Supreme Court on Wednesday refused to grant interim relief to a Delhi University law student who was detained in Semester IV for lecture shortage owing to her pregnancy.
A bench of Justice A.M. Khanwilkar and Justice Navin Sinha denied her plea to allow her to write her exams, one of which was scheduled for Wednesday afternoon.
The bench, however, granted liberty to the petitioner to seek remedy from the Division Bench of the Delhi High Court, where an appeal is already pending.
On Monday, the Delhi High Court refused to grant interim relief to second-year student Ankita Meena to sit in the examinations, saying it needed to go into the details of the matter first.
Meena's counsels Ashish Virmani and Himanshu Dhuper then approached the apex court on Tuesday and sought urgent hearing of the case urging that the student be allowed to take the ongoing exams.
As the DU counsel was not present before the court during the hearing of the case in the morning, the apex court bench sought the presence of University's counsel.
It, however, noted that by the time the court hears the DU's counsel arguments, the exam would have been over.
"How can we pass an order without hearing the other side? The exam is at 2 p.m. and by the time we hear the other side what can be done," the bench asked.
The University counsel appeared before the bench at 1 p.m. and raised objections to allowing the student to appear for her exam.
Advocate Mohinder J.S. Rupal, appearing for DU, said the specific laws applicable to the Faculty of Law as well as rules laid down by Bar Council of India require a minimum attendance of 70 per cent.
Pointing out that the petitioner had not applied for maternity leave, the court said: "It's very incongruous. We are not very comfortable with the idea that the Supreme Court passes an order at 1 p.m. and the student sits for the exam at 2 p.m. This is a hard case and the law is not in your favour."
A single Judge of the High Court last week dismissed her plea for relaxing the attendance norm. On Monday, she approached a Division Bench of the High Court to challenge this order but could not get relief to sit in the examinations.
Her counsel raised fundamental questions relating to equality before law and the fundamental right of a woman to procreate.
As per the petition, Meena is a regular student studying in law courses Semester IV. She had 86 per cent attendance in Semester III. During Semester IV, she delivered a baby boy on February 2. On that account, she could not attend part of the Semester IV classes, the petitioner averred.
On May 11, the DU released a revised list of detainees, who did not have 70 per cent attendance which included Meena's name.
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Delhi's air remains hazardous, SC raps officials for 'serious lapse' in ensuring GRAP-4 curbs
New Delhi, Nov 25: Delhi's air pollution levels remained alarming on Monday, with the capital's 24-hour average AQI reading soaring to 349 from 318 the previous day, even as the Supreme Court slammed the city government and police for a "serious lapse" in implementing GRAP curbs.
The apex court, however, asked the central pollution watchdog to consider restarting physical classes in the schools and colleges of Delhi-NCR, noting that students are being deprived of mid-day meals and lack the wherewithal to attend virtual classes.
According to the SAMEER app, which offers hourly updates on the National Air Quality Index, the AQI was recorded at 218 at 9 am, but it rose to 377 at 7 pm, thanks to a low wind speed.
Seven of the 38 air quality-monitoring stations in Delhi reported AQI levels in the "severe" category at 5:30 pm, with the number rising to 14 at 7 pm.
The latest data from the Central Pollution Control Board (CPCB) said Delhi's 24-hour average AQI, recorded at 4 pm, stood at 349.
Bhavreen Kandhari, an environmentalist, said the AQI has risen due to a combination of stagnant winds that have a speed of less than 10 kilometres per hour and dropping temperatures that trap pollutants close to the ground.
The CPCB categorises the AQI as follows -- 0-50 (good), 51-100 (satisfactory), 101-200 (moderate), 201-300 (poor), 301-400 (very poor), 401-450 (severe) and above 450 (severe plus).
Last week, the city endured its highest recorded AQI for the season, reaching a hazardous 495, prompting the implementation of the Stage-4 restrictions under the Supreme Court-mandated Graded Response Action Plan (GRAP) to curb pollution.
On Monday, the primary pollutant contributing to the deteriorating air quality was PM2.5, with levels recorded at 166.9 micrograms per cubic metre at 4 pm.
These fine particulate matters with a diameter of 2.5 micrometres or less, pose severe health risks as these can penetrate deep into the lungs and enter the bloodstream.
The drop in the air quality follows a week of hazardous levels of pollution, with Delhi's AQI surpassing 450 for the first time this season last Sunday morning.
Although the air quality improved slightly on Thursday and Friday, it worsened again on Saturday, with the AQI returning to the "severe" category.
As evening descended on Monday, a thick layer of mist and smog covered the city, reducing visibility and exacerbating the air-quality crisis.
Meanwhile, the Supreme Court asked the Commission for Air Quality Management (CAQM) to consider restarting physical classes in schools and colleges in the National Capital Region (NCR) and adjoining areas, noting that students are being deprived of mid-day meals and lack the wherewithal to attend virtual classes.
The restrictions on physical classes in schools and colleges were imposed recently due to severe air pollution.
The court censured the Aam Aadmi Party (AAP) government and Delhi Police for a "serious lapse" on their part in strictly implementing the GRAP-4 measures, and directed the CAQM to take action against the erring officials.
A bench of Justices Abhay S Oka and Augustine George Masih said the authorities have made no efforts to implement the GRAP-4 measures.
"It is apparent that the authorities mentioned in GRAP-IV clauses 1, 2 and 3 have made no earnest efforts to implement action under clauses 1 to 3. Some police teams were deputed at a few entry points, that also without any specific instructions," it said.
The Centre's Decision Support System (DSS) for Air Quality Management estimated that vehicular emissions contributed 16.4 per cent to Delhi's pollution on Monday. Stubble burning, another major factor, accounted for 11 per cent of the capital's pollution on Sunday.
The DSS provides daily estimates for vehicular emissions, while the data on stubble burning is typically released the following day.
Meanwhile, the daytime temperature was recorded at 25.8 degrees Celsius, 0.9 notches below the seasonal average, the India Meteorological Department (IMD) said.
Humidity levels fluctuated between 85 per cent and 68 per cent during the day.
The IMD has forecast moderate fog for Tuesday, with the maximum and minimum temperatures likely to hover around 26 degrees Celsius and 12 degrees Celsius respectively.
