The court establishes that minimum attendance rules must consider extraordinary circumstances like illness.

The writ petitioner who is stated to be the 6^th Semester Student pursuing LLB course in Shillong Law College, which is affiliated to the North Eastern Hill University (NEHU) is aggrieved with the refusal of the College authorities to allow him to sit for the 6^th Semester Examination on account of deficiency in attendance.

It is submitted by Mr. I. Sumer, learned counsel for the petitioner that the non-attainment of the requisite attendance was due to the fact that the petitioner was suffering from Tuberculosis, which was detected in the first part of February, 2025. The learned counsel has drawn the attention of this Court to the medical certificate, wherein the petitioner has been advised/recommended 60 (sixty) days medical leave. The learned counsel has further submitted that from 1^st Semester to 5^th Semester, the writ petitioner has very good attendance, and it is not a case that he is an habitual absentee, and that his absence was caused by the circumstances beyond his control. It is then submitted that as the Examination is scheduled to commence from 11.06.2025, and in view of the denial of permission to sit for the Exam, he has been compelled to come before this Court, by way of this application under Article-226 of the Constitution.

Mr. S. Chakrawarty, learned Senior counsel assisted by Mr. E.

Laloo, learned counsel for the respondent No. 1, has submitted that though reference has been made to the Bar Council Rules, the Bar Council has not been arrayed as a party respondent, and as such on this ground the writ petition is defective. He further submits that though reliance has been placed by the petitioner on the Judgment of this Court passed by the Division Bench in a similar matter being WA No. 74 of 2024, wherein discretion was left to the Principal, in the instant case however, the same has been exercised by not allowing the writ petitioner to sit for the Examination. He prays that he may be allowed to file affidavit within

1(one) week.

Mr. S. Sen, learned counsel appearing respondent NEHU has submitted that the College in question is affiliated to the University, and it is the University to conduct and regulate the Examination. He further submits that the Regulation for 3 years LLB Degree course (Semester System), has certain prescriptions as given in Regulation 17(3), which also provides that in deserving cases, for reasons to be recorded, relaxation of attendance upto a mamimum of 5% could be granted by the Head of the Institution. He further submits that as the Regulation 17(3), has not been challenged before this Court, as such on this ground also the writ petition is incompetent.

Having heard the learned counsel for the parties and also examined the materials as placed, it is noted that all along from 1^st Semester to 5^th Semester, the attendance of the writ petitioner has been adequate and above the percentage required as prescribed by the Bar Council of India Rules, and that it is only in the 6^th Semester, which has been attributed to his illness that the said attendance has fallen short, and as seen from the records is 57%.

Rule-12 of the Bar Council of India, Rules of Legal Education has prescribed a minimum attendance of 70% of the classes held in the subject concerned. As such, it appears that by the operation of this Rule, the respondent No. 1, could not condone the shortfall in attendance to allow the writ petitioner to sit for the Examination.

This Court also notes the fact that on a similar case in WA No. 74 of 2024, this Court in the Division Bench by order dated 06.05.2025, at Page-5 & 6, held as follows:-

“We affirm those reasons. We reiterate that the above rule could only cover a situation where in normal circumstances a student is absent and his attendance falls below 70 per cent. But this rule certainly does not cover extraordinary circumstances like illness or bereavement in a student’s family, natural disaster, riot strife, political upheavals, other acts of God and so on which prevent a student or s