The legality of debarment from examinations based on attendance requirements, considering extenuating circumstances.

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

2 31-01-2026 Heard the parties.

2. The petitioner, a bonafide student of Motihari Engineering College, Motihari, pursuing B.Tech under the affiliation of Bihar Engineering University, has approached this Court challenging the action of the respondent(s) in debarring him from appearing in the 2^nd Semester Examination merely on the ground of shortage of attendance.

3. Learned Advocate for the petitioner submitted that though in terms with the official notice dated 21.05.2025 of the Bihar Engineering University, classes were scheduled to begin from 23^rd May, but in the college in question, the classes started from 1^st July. Besides the aforesaid fact, one of the close family members of the petitioner was admitted in the hospital and since he was engaged in his treatment, therefore, he also did not attend some of the classes and by this way he could not maintain 75% of the attendance, due to which the petitioner has not been allowed to appear in the 2^nd Semester Examination. All the more, he has also been debarred to attend the classes of 3^rd Semester. It is further contended that in case the petitioner would not be allowed to appear in the classes of 3^rd Semester, he would not be able to achieve 75% of the attendance even for the

3^rd Semester and that will create a further problem.

4. Mr. Satyam Shivam Sundaram, learned Advocate for the Bihar Engineering University submitted that the contention of the petitioner is required to be verified at the level of the college and, for the said purpose, he seeks a short adjournment.

5. Let a counter affidavit be filed on behalf of the respondent-B.E.U., after getting proper instruction(s) from the concerned college, preferably within a period of one week from today.

6. Re-notify this case on 09.02.2026, within top five cases.

7. In the meantime, let notice be also issued to the respondent no.4, which would be duly served through the University.