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IN THE HIGH COURT OF JUDICATURE AT PATNA
P.B.BAJANTHRI, ACJ., ALOK KUMAR SINHA
Shashikesh Kumar Son of Sri Ranjeet Prasad – Appellant
Versus
Vice-Chancellor, Bihar Engineer University, Mithapur, Patna – Respondent
JUDGMENT :
ALOK KUMAR SINHA, J.
1. Heard the parties.
2. The Appellants in the present writ application have prayed for the following reliefs:
“1. For issuance of an appropriate order, direction, or observation, preferably in the nature of a writ of Mandamus, directing the respondents to conduct a re-examination of the second semester for the academic year 2021–22, of the Appellants, who are students of the Computer Science and Engineering branch of Darbhanga College of Engineering, Darbhanga, Session 2022–2026.
2. For issuance of a further direction in the nature of Mandamus commanding the respondents to consider the application of the Appellants sympathetically, with understanding and compatibility, by condoning the shortage of 75% attendance required for appearance in the examination, in view of the fact that they were facing unfortunate and special circumstances during their academic period.
3. For issuance of an additional order directing the respondents to permit the Appellants to appear in the examinations to be conducted by the respondents.
4. For issuance of an appropriate writ or direction to declare Annexure-D as arbitrary and discriminatory, as students with attendance less th
Mandatory attendance regulations must be uniformly enforced, and compassion cannot override statutory requirements. Claims of discriminatory treatment require substantial evidence to succeed.
Minimum attendance of 75% is mandatory for examination eligibility; Article 14 does not apply to perpetuate illegality.
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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