KAILASH GAMBHIR, J. Oral

1. This common order will dispose of three petitions bearing W.P.(C) No. 2640/2011, W.P.(C) No. 2641/2011 and W.P.(C) No. 2765/2011 filed under Article 226 of the Constitution seeking relaxation of attendance and to be allowed to appear in the forthcoming final examinations.

2. The facts shorn of unnecessary details common to the three petitions are that the petitioners are the students pursuing M.A. (Mass Communication) from A.J.K. MCRC of Jamia Millia Islamia University. The petitioner in W.P.(C) No. 2640/2011, a student of Ist year has 71.05% attendance; the petitioner in W.P.(C) 2641/2011 is also a student of the Ist year and has secured 71.05% attendance and the petitioner in W.P.(C) 2765/2011 , a student of IInd year has secured 65.78% attendance. The short point involved in the present petitions is that the requisite attendance for appearing in the annual examinations is 75% as per the relevant rules and therefore, the petitioners herein being short of attendance have been debarred from appearing in the forthcoming annual examinations. Being aggrieved with the said action of the respondent University, the petitioners have preferred the present petitions.

3. Mr. Sulaiman Mohd. Khan, learned counsel for the petitioner submits that the petitioner in W.P.(C) No. 2640/2011 was suffering from jaundice and was thus disabled to attend his classes from 15.10.2010 to 22.10.2010. Counsel further submits that a duly qualified MBBS Doctor practicing in Patna issued a medical certificate dated 22.10.2010 in favour of the petitioner. Counsel also submits that the petitioner has even submitted the investigation report dated 16.10.2010 with the respondent University which further proves the fact that the petitioner was suffering from jaundice during the said period. Giving explanation for the late submission of the medical certificate, counsel states that the respondent University is itself entertaining the medical certificates at the fag end, therefore the petitioner cannot be blamed for submission of the medical certificate at the fag end. Counsel also submits that the petitioner in fact had a medical history of suffering from jaundice and to prove this fact, the counsel has placed reliance on the similar medical report dated 1.6.2010 which is placed on record at page 12 of the paper book. Counsel submits that the petitioner is entitled to the benefit of relaxation of 15% of the total attendance under the category of “sickness” as has been provided in the Ordinance 15 (XV) of the respondent University governing University Examinations. Counsel also submits that in the investigation report dated 16.10.2010, the concerned laboratory has clearly observed that SGPT and SGOT levels are above the normal range.

4. Mr. Sulaiman Mohd. Khan, learned counsel for the petitioner in W.P.(C) No. 2641/2011 submits that the petitioner was suffering from very high grade fever and was thus disabled to attend his classes from 7.11.2010 to 13.11.2010. Counsel further submits that duly qualified MBBS Doctor practicing in Delhi issued a medical certificate dated 14.11.2010 in favour of the petitioner. Counsel also submits that the petitioner has duly submitted the said medical certificate with the respondent University. Counsel submits that the petitioner could not file copy of the said certificate as it was not retained by him and the same must be in the records of the respondent. Counsel further submits that the petitioner who is a first year student of M.A.(Mass Communication) was quite regular in attending his classes. Counsel submits that it is an admitted case that the petitioner had secured 71.05% attendance till 31.3.2011 and is short of merely 3.95% and to meet the target of 75% attendance the petitioner was required to attend 23 classes. Giving explanation for the late submission of the medical certificate, counsel states that the respondent University is itself entertaining the medical certificates at the fag end