The court affirmed that educational institutions can enforce attendance requirements and that Article 14 does not permit the perpetuation of illegality.

CAV JUDGMENT

Date :07-03-2025

Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the respondents.

2. The Interlocutory Application No.01 of 2024 has been filed on behalf of the petitioner to add some more reliefs in para-1 of the main writ petition.

3. Having heard learned counsel for the parties and for the reasons stated in the interlocutory application, the interlocutory application no. 01 of 2024 is allowed and the reliefs prayed in this interlocutory application shall also be treated as a part of the relief prayed in the main writ petition.

4. This writ petition has been filed for seeking following reliefs:

“i. For issuance of an appropriate order, direction, observation preferably in the nature of a writ of Mandamus for directing the respondents for conducting re-examination of fourth semester for academic year of 2022-23, of petitioner, who is a student of Electrical and Electronics Engineering branch of Darbhanga college of Engineering, Darbhanga of Session 2021-2025.

ii. For further direction of an appropriate order commanding the Writ preferably in the nature of mandamus for directing the respondents to consider the application of the petitioner sympathetically, understanding and compatibility for condoning the 75% of attendance as a requirement for appearance in examination in the light of the fact that he was facing unfortunate special circumstances during his academic period.

iii. For additional issuance of an appropriate order for directing the respondents to permit the petitioner to allow and appear in case the respondents conduct the same.

iv. For any other relief or reliefs to which the petitioner may be found entitled in the given factual matrix of the present case.

v. For issuance of an appropriate writ order direction to declare the Annexure – IV and V, arbitrary and discriminatory as students having attendance equal to the petitioner in the said college but of Junior Batch (Sessions 2022-26) has been allowed to fill up form and attend in the end examination and result also been published.

vi. For issuance of an appropriate writ order direction that not arranging special examination for the petitioner is against the actions of the respondent themselves as in case of other students who have declared failed have been allowed to face special examination though there is no rule regulation guidelines in this respect.

vii. For issuance of an appropriate Writ Order direction to declare that under the jurisdiction of same University different colleges has no authority to adopt different yard stick for debarring a student from appearing in examination on the basis of lesser percent attendance.”

5. The brief fact of the present case is that the petitioner is a student of 4th Semester, EEE Program of Darbhanga College of Engineering, Darbhanga (21110111032) affiliated by AKU thereafter by and under Bihar Engineering University, Patna, and currently he is in the session of 2021-2025. The petitioner has been debarred to appear in the 4th semester examination 2023 vide order Dated 20.12.2023, bearing Letter no. 1767, however, he has also submitted the medical report for the claim of attendance and deserves his case to be considered with leniency however the respondents herein are not considering the medical report submitted by the petitioner without any valid reason. An official order has been issued whereby a direction has been issued by the office of the said college that the students whose names were published are restrained from filing the forms of examination of university due to low attendance as per the directions. (Annexure 2)

6. Learned counsel for the petitioner submits that the respondent No. 4, namely, Darbhanga College of Engineering, Darbhanga, vide administrative order 20.12.2023 bearing letter no. 1767 has also notified as “students of 4^th & 6^th semester whose percentage attendance in biometrics were insufficient and who are debarred from the examination will have to complet