Point of law : Petitioner has, admittedly, not attended the classes even through online mode. Therefore, it cannot be stated that she has complied with the conditions mentioned in Clause (9) of the Ordinance.

JUDGMENT :

1. Petitioner has filed the instant writ petition seeking a direction upon the respondents to conduct the examination of the petitioner for LLM course 3rd Semester separately at an earliest possible date and allow her to write her exams.

2. It is the case of the petitioner that she passed her LLB degree in the year 2017 and thereafter she got admitted in the Department of Law, Central University, Kashmir, for two-years fulltime Masters (LLM course) in the year 2019. It is averred that the petitioner completed her 1st and 2nd Semester as a regular candidate in the year 2020. However, on 06.02.2021, petitioner came to be arrested in connection with FIR No.RC-01/2021/NIA/JMU dated 02.03.2021 for offences under Section 18 & 20 of UA(P) Act, 1967. The petitioner is stated to have remained in custody pursuant to her arrest.

3. It is averred in the petition that the petitioner continued to study and prepare for examination even while she was in custody. She made an application before the Superintendent of the concerned jail for facilitating conduct of her exams of 3rd Semester LLM course. The Superintendent of the jail is stated to have written a communication to Controller of Examination, Central University, Kashmir, on 29.03.2021, requesting him to allot the jail special examination center. However, the said facility was not provided, whereafter the petitioner approached the Special Court, NIA, Jammu, for grant of temporary bail which was granted in her favour in terms of order dated 01.09.2021 passed by the said Court.

4. It is further averred that the petitioner approached the authorities of the Central University, Kashmir, upon her release from the jail but the authorities refused to conduct her exam on the ground that being a regular candidate, she did not have the requisite attendance in the University and, as such, she could be allowed to write her exams.

5. It is contended by the petitioner that the action of the residents in not allowing her to writ the exams of LLM 3rd Semester would work very harshly against her as she will not be able to complete her Master’s degree within the stipulated time.

6. The writ petition has been contested by the respondents by filing a reply thereto. The respondents, in their reply, have admitted most of the factual aspects contended by the petitioner in her writ petition. It is, however, contended by the respondents that due to shortage of attendance and non-appearance of the petitioner in the Continuous Internal Assessments (CIA), she could not be allowed to writ exams. This, according to the respondents, is in accordance with the Ordinance 25 of the respondent University, a copy whereof has been placed on record.

7. I have heard learned counsel for the parties and perused the record of the case.

8. Admittedly, petitioner due to her arrest and subsequent custody in jail could not attend the regular classes of 3rd Semester of LLM. Therefore, the question that arises for consideration is as to whether petitioner can be permitted under rules to writ exams on account of the circumstances which prevented her from attending the regular classes.

9. Ordinance 25 of the Central University, Kashmir, which has been issued in terms of Section 28(1)(b) of the Central Universities Act, 2009, governs the matters relating to award of Post-graduate Degree in Law i.e., LLM. Clause (9) of the said Ordinance relates to eligibility of a candidate to appear in the internal continuous assessment/end semester examination of a course. It reads as under:

“9. ATTENDANCE

9.1 A candidate to be eligible to appear in the internal continuous assessment/end semester examination of a course or a complete semester shall have to put in a minimum of 75% attendance in that course/semester in addition to satisfying all other relevant conditions laid down in the Regulations.

9.2 The Dean, School of Legal Studies, on the recommendation of the HOD, shall condone the shortage of attendance to a maximum of 5% if the claim is justified