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IN THE HIGH COURT OF MEGHALAYA AT SHILLONG
H.S. THANGKHIEW
Bamang Nabam – Appellant
Versus
North Eastern Hills University (NEHU) – Respondent
JUDGMENT :
H.S. THANGKHIEW, J.
1. The petitioner who is stated to be a Student in the 5th Semester of Shillong Law College is before this Court seeking interference by invoking powers under Article 226 of the Constitution, to condone the shortfall in attendance for which he has been held ineligible by the College to take the End Semester Exams (5th semester Exams).
2. Mr. P. Yobin, learned counsel for the petitioner has submitted that the failure of the petitioner/student to meet the required attendance was because of legitimate reasons i.e. medical conditions, for which he had undergone an operation in November, 2024, and a medical certificate and the other details to this effect have been annexed to the writ petition. He further submits that the reasons being genuine, the petitioner who is an exceptional student without any back paper till date, be given some consideration and prays for directions from this Court to enable the petitioner to sit for the 5th Semester Examinations.
3. Mr. S. Chakrawarty, learned Senior counsel assisted by Mr. E. Laloo, learned counsel, who has entered appearance on behalf of the respondent No. 4, i.e. the Principal, Shillong Law College has submitted th
Academic institutions must adhere strictly to attendance regulations as established by legal education rules, allowing discretion only within the specified limits.
Attendance requirements under educational rules may be relaxed in extraordinary circumstances, such as illness, to ensure fairness and equity in student assessments.
The Head of Institution must forward applications for attendance condonation to the Controller of Examinations; summary rejection is unjustified.
Mandatory attendance regulations must be uniformly enforced, and compassion cannot override statutory requirements. Claims of discriminatory treatment require substantial evidence to succeed.
Legal education standards must be upheld, allowing for exceptions in legitimate medical cases, while reevaluating rigid attendance policies for the welfare of students.
Attendance requirements in professional courses are non-negotiable, and waivers for 100% attendance shortage are impermissible.
Students with valid medical reasons for absence may be readmitted under educational rules despite attendance shortfall.
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