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IN THE HIGH COURT OF JUDICATURE AT PATNA
Anjani Kumar Sharan
Shubham Kumar Son of Chitranjan Kumar – Appellant
Versus
Vice Chancellor, Bihar Engineering University – Respondent
JUDGMENT :
Anjani Kumar Sharan, J.
Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for the respondents.
2. The Interlocutory Application No.01 of 2024 has been filed on behalf of the petitioners to add some more reliefs in para-1 of the main writ petition.
3. Having heard learned counsel for the parties and for the reasons stated in the interlocutory application, the interlocutory application no. 01 of 2024 is allowed and the reliefs prayed in this interlocutory application shall also be treated as a part of the relief prayed in the main writ petition.
4. This writ petition has been filed for seeking following reliefs:
“i. For issuance of an appropriate order, direction, observation preferably in the nature of a writ of Mandamus for directing the respondents for conducting re-examination of second semester for academic year of 2021-22, of petitioner, who are students of computer science and engineering branch of Darbhanga college of Engineering, Darbhanga of session 2022-2026.
ii. For further direction of an appropriate order commanding the Writ Preferably in the nature of mandamus for directing the respondents to consider the application of th
Minimum attendance of 75% is mandatory for examination eligibility; Article 14 does not apply to perpetuate illegality.
Mandatory attendance regulations must be uniformly enforced, and compassion cannot override statutory requirements. Claims of discriminatory treatment require substantial evidence to succeed.
The adherence to minimum attendance requirements is essential in university regulations, and non-compliance undermines eligibility to sit for examinations.
Minimum attendance requirements in professional courses are non-negotiable, and courts should exercise caution in granting relaxations under Article 226.
Legal education standards must be upheld, allowing for exceptions in legitimate medical cases, while reevaluating rigid attendance policies for the welfare of students.
The Head of Institution must forward applications for attendance condonation to the Controller of Examinations; summary rejection is unjustified.
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