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2019 DIGILAW 54 (MEG)

Anan Ashraf v. Union Of India

2019-02-26

H.S.THANGKHIEW, MOHAMMAD YAQOOB MIR

body2019
JUDGMENT : Mohammad Yaqoob Mir, J. Petitioners were pursuing their graduation courses with the respondent-University were not permitted to take Third Semester examination due to shortage of requisite attendance. Aggrieved whereof, WP (C) No.388 of 2016 and WP (C) No.389 of 2016 were filed on the ground that deficiency in the requisite attendance was due to long drawn illness. In case not allowed to take Third Semester examination, they would forfeit the entire course in view of Clause 10.7 of the Ordinance of the University. Petitions were withdrawn with liberty to a file fresh one so as to challenge Clause 10.7 of the Ordinance, accordingly, instant two petitions WP (C) No.52 of 2017 and WP (C) No.411 of 2016 were filed. 2. Pursuant to the interim direction issued from time to time petitioners subject to payment of requisite fees and fulfillment of other requirements were permitted to pursue their course at their own risk. In the process, they have completed all six semesters and passed the examination. 3. The only issue for determination in this petition is as to whether for deficient attendance in Third Semester, petitioners can be deprived of the degree to which they are entitled as having passed all six semesters. 4. In the peculiar circumstances vide order dated 11.02.2019, it was suggested to the learned counsel for the respondents that since the result has already been declared showing the petitioners successful therefore, deficient attendance for Third Semester as a one-time exception, so as to advance cause of justice, can be ignored with a condition not to be quoted as a precedent in future. He sought time to have instructions. Today, Mr. A Khan, learned counsel would submit that for deficient attendance there is no rule or regulation providing for relaxation. In short, he opposed grant of final relief in favour of the petitioners. 5. We have considered the matter, petitioners-students who have now completed their degree courses, results have been declared. One petitioner on the basis of graduation certificate has been admitted in Hyderabad University for pursuing post-graduation and another petitioner on the strength of graduation certificate is working in India Today Group as it is stated by learned counsel for the petitioners. 6. We have considered the matter, petitioners-students who have now completed their degree courses, results have been declared. One petitioner on the basis of graduation certificate has been admitted in Hyderabad University for pursuing post-graduation and another petitioner on the strength of graduation certificate is working in India Today Group as it is stated by learned counsel for the petitioners. 6. True it is that a student has to be careful there can be no relaxation for deficient attendance but, however, when a situation is beyond control then some sort of leniency has to be shown that too now at this stage when the petitioners have already completed their respective degree courses. 7. No doubt with the intervention of the Court from time to time they have been allowed to pursue the course. Petitioners would not be benefited in not attending classes they have shown all seriousness in pursuing their degree courses. Deficient attendance in Third Semester was due to their illness under such circumstance, they cannot be denied a valuable right. 8. We are conscious of the fact that for ensuring discipline and for ensuring requisite attendance in all semesters, there could no interference by the Court but the case of the petitioners is exceptional, neither indolence nor want of bona fide are noticed therefore, as a onetime exception deficient attendance for Third Semester has to be ignored that too when they have pursued Fourth, Fifth and Sixth Semesters without any indolence or anything adverse attributable to them. 8. On the basis of deficient attendance that too of Third Semester if at this stage they are denied, as one-time exception, benefit of their degrees which they have acquired after participating in the examination of all semesters, will negate the very cause of justice. While allowing these petitions we direct that as a one-time exception, the degrees awarded to the petitioners in view of having successfully cleared all six semesters shall not be open to interfere. In view of ill health as it was when the petitioners were in Third Semester, deficient attendance shall be ignored. Same shall be with a rider i.e. it shall not be set a precedent in future. 9. Petitions accordingly disposed of.