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1979 Supreme(Online)(Del) 5

DELHI HIGH COURT
, J
Miss Azra Seema Iyengar v. J. P. S. Oberoi and Another
Writ Petition | 1234/1978



Advocates:
For the Appellant: Shri Aggarwal
For the Respondents: Shri Chaudhary

The adherence to minimum attendance requirements is essential in university regulations, and non-compliance undermines eligibility to sit for examinations.

Headnote:(A) Constitution of India - Article 226 - University regulations - Detention due to shortfall in attendance - The petitioner was detained from the M.A. examination due to insufficient seminar attendance following illness. The principle of audi alteram partem was considered regarding the non-disclosure of specific attendance figures, however, the court found sufficient opportunity was provided for representation. The University’s attendance requirements and the rationale for the decision were upheld. (Paras 3-9)

(B) Attendance Requirements - The legal expectation for attendance criteria is set out in University Ordinances, and the court confirmed the need for adherence to such criteria, emphasizing the necessity of complying with attendance norms for postgraduate students. (Paras 7-8)

Table of Content
1. introduction of the case and context. (Para 1)
2. details regarding the attendance issues and communications. (Para 2)
3. arguments from both sides regarding the adherence to university norms. (Para 3 , 4)
4. legal principles concerning procedural fairness. (Para 5)
5. the court's decision on the application of university regulations. (Para 6)
6. discussion on the interpretation of attendance requirements. (Para 7)
7. conclusion on flexibility for attendance in postgraduate settings. (Para 8)
8. the final ruling and implications for the petitioner. (Para 9 , 10)

1.This petition under Art.226 of the Constitution of India by a student of M. A. (Previous) of the University of Delhi, in the Department of Sociology, is directed against orders of the Head of the Department of Sociology detaining the petitioner on the ground that on account of shortfall in attendance for the full - time regular course of study, she was not eligible to appear for the M.A. (Previous) Examination in Sociology in April, 1978.

2. The facts and circumstances leading to the petition may be briefly stated. The petitioner has been a student of M. A. (Previous) in the Department of Sociology of the University of Delhi for a two - year course. The examination at the end of the first academic year of the course was scheduled to commence on April 22, 1978. On Jan. 17, 1978, a notice was put up on the notice board requiring the petitioner and a number of other students to meet the members of the Committee on Jan. 20, 1978, in connection with their "tutorial attendance". The petitioner, however, arrived late for the meeting, but subsequent to the meeting met two of the members of the Committee but allegedly had no explanation for irregular attendance. On March 27, 1978, a number of students including the petitioner were required to meet the Head of the Department of Sociology, respondent No. 1, and Dr. Veena Das of the Department of Sociology, on March 30, 1978, in connection with their "tutorial and seminar attendance". According to the Head of the Department, the petitioner met the Head of the Department and Dr. Veena Das on the aforesaid date and explained the shortage in attendance of tutorials and seminars on the ground of her illness and, when told that there was a possibility of her being detained, she offered to produce a medical certificate. According to the Head of the Department, she wanted to know "the exact period during which she was absent", but this information was not disclosed to her "lest she might submit a tailored certificate". She was, however assured that the details of her attendance in the seminars would be communicated to her in writing. According to the Head of the Department, she was also told that any medical certificate submitted by her would be "judged on its merits". In course of her communication of March 30, 1978, Dr. Veena Das informed the Head of the Department, that the petitioner was among the M.A. (Previous) students of' Sociology who fell short of the required attendance at seminars by more than 10% and, therefore, could not be allowed to carry the deficit to the next year. According to this letter, out of a total of 46 seminars, she had attended only 24 as against the minimum requirement of 34. This letter purported to give to the Head of the Department the outcome of the deliberations of the meeting of the Tutorial Committee and contained its recommendations with regard to the detention of students, who were running short of seminars or tutorials. By her communication of March 31, 1978, the petitioner informed the Head of the Department that she had not foreseen shortage in seminar attendance and had not submitted the medical certificate earlier which was enclosed with the communication. The Head of the Department was requested to "accept the certificate" and consider her case sympathetically. The enclosed certificate by Dr. Mazumdar, a Consultant Physician, made out that she had been examined "frequently" in the










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