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2025 Supreme(Online)(Pat) 286
PATNA HIGH COURT
MR. JUSTICE ANJANI KUMAR SHARAN, J
Sonu Kumar – Appellant
Versus
The Vice Chancellor Bihar Engineering University – Respondent
CWJC 7517 / 2024
Important Points
Subject
Education Law - Attendance and Examination Regulations
Headnote
(B) Educational Regulations - Attendance Requirement - The college rules mandate 75% attendance for examination eligibility, with a discretionary power for condonation on valid medical grounds. The court upheld the college's decision as the petitioner did not meet the attendance threshold. (Paras 9, 11, 15)
(C) Equality Before Law - The principle of equality does not extend to perpetuating illegality or granting benefits based on wrongful actions of others. (Paras 13, 15)
Facts of the case:
The petitioner, a student of Electrical and Electronics Engineering, was debarred from the 4th semester examination due to insufficient attendance and claimed leniency based on medical grounds. The college denied his request citing lack of compliance with attendance rules.
Findings of Court:
The court found no merit in the petitioner's claims and upheld the college's decision, affirming the attendance requirement as valid.
Issues: The main issues included the validity of the attendance requirement and the application of Article 14 regarding equality in treatment of students.
Ratio Decidendi: The court ruled that the attendance requirement is legitimate, and the college acted within its jurisdiction. The court emphasized that Article 14 does not allow for claims based on previous wrongful decisions.
Result: Writ petition dismissed.
Mr. Hari Shankar Roy, Adv.; Mr. Akash Shankar, Adv.; Mr. Satyam Shivam Sundaram, Adv.; Mr. Ankit, Adv.; Mr. Chandra Shekhar Kr. Singh, Adv.
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 4th & 6th semester whose percentage attendance in biometrics were insufficient and who are debarred from the examination will have to complet
