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2016 Supreme(Pat) 1669
IN THE HIGH COURT OF JUDICATURE AT PATNA
I.A. ANSARI, ANJANA MISHRA, JJ.
All India Students Federation - Appellant
Versus
The State of Bihar through the Chief Secretary & Ors. - Respondents
Civil Writ Jurisdiction Case No.3834 of 2016
Decided On : 20-04-2016
For the Petitioner:Mr. Dinu Kumar, Advocate, Mr. Rajesh Kumar Singh, Advocate, Mr. Santosh Kumar, Advocate, Ms. Ritika Rani, Advocate.
For the Respondent:Mr. Pushkar Narain Shahi, Mr. Vivekanand Pd. Singh, Advocate, Mr. Jitendra Singh, Senior Advocate, Amicus Curiae.
The main legal point established in the judgment is the duty of the Principal and Vice Chancellor to exercise their discretion in condoning attendance shortages in a proper and rational manner, considering each student's case on its own merits. The judgment emphasizes the need for a humane and sensitive approach in decision-making and the consequences of improper exercise of discretion under Regulation 5.
Headnote:
Education - Attendance Regulations - Regulation 4, Regulation 5 - The judgment discusses the exercise of discretionary powers by the Principal and Vice Chancellor of Patna University in condoning attendance for students. It highlights the interpretation of Regulations 4 and 5, emphasizing the duty of the authorities to consider condonation requests objectively and rationally. The court emphasizes the need for a humane approach in decision-making and the consequences of improper exercise of discretion under Regulation 5.
Fact of the Case:
The case involves a petition by a student organization seeking fair conduct of examinations for students with attendance shortages due to various reasons, including student agitation and illness. The Principal and Vice Chancellor of Patna University refused to condone attendance shortages, leading to the petition.
Finding of the Court:
The court found that the Principal and Vice Chancellor did not properly exercise their discretion in condoning attendance shortages, leading to the denial of students' right to take examinations. The court emphasized the duty of the authorities to consider each case on its own merits and exercise discretion in a proper and rational manner.
Issues: The issues include the improper exercise of discretionary powers by the Principal and Vice Chancellor, the denial of students' right to take examinations, and the need for a humane and sensitive approach in decision-making.
Ratio Decidendi: The court held that the Principal and Vice Chancellor must exercise their discretion under Regulation 5 in a proper and rational manner, considering each student's case on its own merits. Improper exercise of discretion may lead to disastrous consequences for students' careers.
Final Decision: The court directed the Principal to condone the attendance of students with inadequate attendance up to 70% and the Vice Chancellor to condone the attendance of students with inadequate attendance up to 60%. The students were allowed to appear in their respective examinations within 15 days, and the results were to be published without further delay. The authorities were directed to submit a comprehensive report on the steps taken in compliance with the court's directions.
JUDGMENT :
I.A. Ansari, J.
“The task of the modern educator is not to cut down jungles, but to irrigate deserts.” C. S. Lewis, British Author of Chronicles of Narnia.
1. The role of teachers in building a society of noble souls, the exercise of punitive powers by the teachers and the scope of their quasi parental role in relation to their students are some vital aspects, which this case confronts us with.
BRIEF FACTS: -
2. The present litigation has been brought before us at the instance of Sri Abhishek Anand, on behalf of All India Students Federation (in short AISF), in public interest. The AISF is a student organization, which seeks to raise the voice of students on the theme of collective conscience. The petitioner has prayed for a fair conduct of examinations of Graduation Part II and Part III of the Patna University after accepting fees and forms of more than three hundred students of Patna University, who have fallen short of attendance for the Calendar year 2015-16, which was scheduled to be held, for Part III, in the month of February, 2016, and, for Part II, in the month of March, 2016. The prayer made before this Court is for a direction to the Vice Chancellor of the Patna University and the Principal, Patna Women’s College, to ensure that the students may be permitted to appear at the examinations aforementioned after condoning the shortage in the required 75% attendance in classes. The Students’ Federation has further sought for a direction to the Principal, Patna Women’s College, to hold extra classes for the students of Graduation Part III and Graduation Part II for attaining the minimum required 75% attendance as prescribed by the guidelines of the respondent University in order to enable a student appear at the examinations.
3. A further prayer has been made by the petitioner for issuing direction to the respondents, especially, the Vice Chancellor of the Patna University, to exercise his discretion in the light of Memo No. 487, dated 20.03.2006, which provides for relaxation/condonation of attendance to the extent of 15% in the cases of serious illness or other unavoidable circumstances.
4. According to the averments made in the present writ petition, one of the principal causes for the shortage of attendance, in case of some students, was because of the agitation of the students, who demanded action against one Sanjay Dutt, an Associate Teacher of Women’s College, Patna, who was allegedly involved in physical assault, on 14.08.2015, on one of the female students of Patna Women’s College and against whom, Kotwali P.S. Case No. 566 of 2015, for offences under Sections 354 and 354(d) of the Indian Penal Code, had come to be registered on 15.09.2015,.
5. Aggrieved by the incident aforementioned, the students of Patna Women’s College moved the authorities of the College demanding action against the said teacher. When their demand was not responded to by the authorities of the Women’s College, the students raised the issue before the authorities of the State, including the Hon’ble Chancellor and the Vice Chancellor of the Patna University, seeking appropriate action against delinquent teacher and adherence of safety measures for protection of the girl Students.
6. Apart from the incidents of agitation, which led to disruption of classes for several days, some of the students fell short of requisite attendance for reasons of illness. The case, projected by the petitioner, is that even though the Principal and the Vice Chancellor had powers, under Regulation 5 of the respondent University’s Regulations, to condone the shortage of attendance and permit a student to take the examinations, they flatly refused to allow the requests for condonation of the absence.
7. To be more precise, the Principal had powers to condone the attendance upto 5%, but she not only refused to exercise her discretion; rather, she also considered the prayers in those cases, where the deficit attendance was more than 5%, a power, which is vested only in
