The Court upheld the necessity of minimum attendance requirements for examinations in educational institutions, emphasizing the impact on academic integrity.

JUDGMENT

The petitioner is studying for the Final Year Integrated Course in BBA LLB in the Mar Gregorios College of Law, Thiruvananthapuram and has completed her 9^th semester. The petitioner is aggrieved by the refusal on the part of the respondents to allow her to appear for the 9^th Semester examinations scheduled from 06.01.2026 onwards.

2. Learned counsel for the petitioner contends that his client cannot be refrained from appearing for the examinations on the ground of shortage of attendance, in view of the declaration/direction in the judgment of the High Court of Delhi in W.P.Crl.No.793/2017. By the said judgment, the High Court has declared that no student enrolled in any recognised law college shall be detained from taking examination on the ground of lack of minimum attendance. It is then contended that as per the Regulations relating to Integrated Five Year BBA LLB Degree Course , each semester should consist of 90 instructional days having 5 hours per day. As against this, the petitioner's college had conducted classes only on 44 days during the 9^th semester and if classes were conducted for 90 days, the petitioner would have been able to makeup the shortage of attendance. Even though a complaint regarding the failure to conduct classes for the requisite number of days was submitted before the University, except sending a communication stating that an urgent report has been sought from the 1^st respondent, nothing further has been done.

3. Learned counsel alleged that the shortage of attendance of another student was condoned by the Principal on five occasions, contrary to the stipulation that shortage can be condoned only two times during the entire course. It is finally submitted that the shortage of attendance had occurred due to petitioner's ailments and hence a lenient view ought to be taken.

4. Learned counsel appearing for the Principal of the college submitted that the petitioner had only 6.38% attendance in the 9^th semester and even after adding the attendance of the days on which the petitioner had appeared for supplementary examinations, her total attendance is 18.33% alone. It is pointed out that the requisite minimum attendance is 75% and the Principal can only condone shortage of attendance upto 65%. The University had scheduled the 9^th semester from 02.06.2025 to 31.10.2025 and within that period there were 18 Government holidays as well as compulsory study leave holidays. Further, classes could not be conducted for many days since the centralised valuation centre of examination papers was conducted in the college. Therefore, the college could conduct classes only on 44 days. Learned counsel also refuted the allegation of discrimination and submitted that even a student with 44% attendance is not being permitted to appear for the examinations. Moreover, the petitioner with only 6.38% actual attendance of classes is not equipped to appear for examinations.

5. Learned Standing Counsel for the University submitted that as per the extant regulations, 75% attendance is mandatory and condonation can only be upto 65%, that too based on the recommendation of the Principal of the College. In the petitioner's case, the Principal has not made any recommendation and the application for condonation is submitted by the petitioner herself.

6. There is no dispute to the fact that the percentage of actual attendance of classes by the petitioner is only 6.38%. Even after adding attendance of the supplementary examinations for which the petitioner had appeared during the 9^th Semester, her attendance comes to only 18.33%. Going by Clause 5 of the Regulations Relating to Integrated Five Year BBA LLB course of the University of Kerala, no candidate shall be permitted to register for the end semester examination conducted by the University unless the Principal