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2004 Supreme(Jhk) 343

P.K.BALASUBRAMANYAN, TAPEN SEN
Indo Danish Tool Room – Appellant
Versus
Purbasha Ghosh – Respondent


ORDER

1. This appeal is by respondents 4 and 5 in W.P. (C) No. 4032 of 2003. Respondent No. 4 is a Society, registered under the Societies Registration Act conducting Diploma courses. Respondents 1 and 2 herein, the writ petitioners, are the students of the course Diploma in Tool Die Making. They took the first Semester examination during the first year and passed the same. The second semester examination was approaching. Their parents were given notice that as there was lack of requisite attendance, the students were not eligible for appearing in the second semester examination. The minimum attendance required, as per the Rules for the Examination, is 80 per cent. Under Rule 18, the Governing Council or its Chairman or any of its delegated authority has the power to amend or relax the rules. The writ petitioners appear to have produced medical certificates a week before the examination, seeking relaxation of the rules relating to minimum attendance. As the request for relaxation was not granted, they rushed to this Court with the writ petition praying for the issue of a writ of mandamus directing the concerned respondents to allow them to appear in the second semester examination o






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