2017 Supreme(Bom) 483

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SHANTANU S. KEMKAR, PRAKASH D. NAIK, JJ.
Anirudh Devansh - Petitioner
Versus
Shri Vile Parle Kelwani Mandal – Respondent
WRIT PETITION (L) NO.444 OF 2017 WITH WRIT PETITION (L) NO.621 OF 2017 WITH WRIT PETITION (L) NO.674 OF 2017 WITH WRIT PETITION (L) NO.678 OF 2017
Decided on : 13-04-2017

Important Point – The rules are there for the benefit of the students who must comply with them.

Headnote:Constitution of India, 1950-Article 226-Attendance of student for appearing in examination.-Requirement of 80% attendance is mandatory requirement to continue as a student to appear for examination.

       Court has considered all the aspects and perused all the documents as stated hereinabove. Although Court has all the sympathies to the petitioners who are young students, Court cannot brush aside the fact that the requirement of attendance is one of a necessity and mandatory requirement for continuation as a student for particular semester or for appearing in the examination. Court has also noted that the issues raised by the petitioners are the disputed questions of fact which cannot be gone into in exercise of power under Article 226 of Constitution of India. Court has also considered the fact that the Dean has given opportunity to tender explanation to the petitioners and after going through the documents submitted by them and calculating the attendance in the proper perspective as put up by the petitioners before the said Dean, the benefits for which they were entitled to, have been provided to the petitioners by the Dean.

       Constitution of India, 1950-Article 226-Attendance of student for examination.-Attendance of students of Technical Course for appearing in examination should be 80%.

       Petitioners` made a grievance that the attendance was counted from the date of their enrollment. The respondents have justified the said decision by stating that the petitioners had failed in the first year of MBA-Tech course for the academic year 2015-16 and they were required to enroll themselves on 23rd August, 2016 only after the results of the re-examinations were declared. Therefore, attendance of the petitioners has been taken into consideration from the date of their enrollment i.e. 23rd August, 2016 and not from the commencement of the course i.e. 18th July, 2016.

       Constitution of India, 1950-Article 226-Attendance of student for examination.-Students of technical course required to give 80% attendance for appearing in examination as per Student Resource Book, Rule 3.2.

       That these are all disputed questions of facts which cannot be gone into in exercise of powers under Article 226 of the Constitution of India. Court has, however, noted that the respondents have given maximum benefits to the petitioners- students to condone their absence from attending the classes. That no ground is made out to set aside the decisions taken by the respondents on account of non-attendance by the petitioners-students. Although our sympathies are with the petitioners-students who are debarred by impugned decisions, Court cannot over look the fact that there was no compliance of the rules as stipulated in the Student Resource Book. Court has also noted, as stated in detail hereinabove, that from time to time, the students were put to notice that there is default in compliance with the requirement of attendance on the part of petitioners students. Court has also noted that the petitioners and the parents were aware that there was lack of attendance on the part of students. The grounds raised by the petitioners seeking condonation of nonattendance of the lectures by producing the medical certificate etc. appears to be after thought and is not a genuine ground to condone the absence. In the light of the observations made by the Court in the aforesaid decisions and in the facts and circumstances of the cases involved and in the facts of the present cases, Court did not find it appropriate to exercise the powers under Article 226 of the Constitution of India and to grant the reliefs as prayed by the petitioners in these petitions.

       Constitution of India, 1950-Article 226-Permission for appearing in examination.-Students of technical course required to give 80% attendance in each and every subject to be eligible to appear for semester and examination.

       The student has to secure minimum 80% of attendance in each subject to be held eligible for trimester/semester end examination. The student whose attendance is 70% to 79.9%, are not eligible to appear for the trimester/ semester end examination subject to approval of exemption granted by the Dean of respective school/Director of the respective campus/Associate Dean (Medical reasons/personal reasons/contest/absence/institutional work/other activities etc.). Hence, the students who secure less than 80% attendance had to take readmission in the said trimester/semester in the subsequent academic year. The respondents have placed on record the admission forms filled up by the petitioners wherein they have agreed upon the attendance clause and declared that they would record minimum 80% attendance for each subject and in the absence of which the petitioners will not be eligible to write the examination for the subjects. Clause No. F9 of the admission form categorically mentions that the student has fully understood that he will put in minimum 80% of the attendance for each subject and in the absence of which he will not be held eligible to write the exams for the subject.

       Constitution of India, 1950-Article 226-Scope of writ jurisdiction.-Writ jurisdiction under Article 226 of Constitution cannot be exercised to go into disputed questions of facts.