Advocates:
['AFAQUE AHMED', '', 'ALTAF HUSSAIN', 'SHIVANI VERMA', 'ANOOP KR MEHTA']

IN THE HIGH COURT OF JHARKHAND AT RANCHI

W.P. (C) No. 3386 of 2015

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Shashi Ranjan

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Petitioner

Versus

1. Indian School of Mines University, Dhanbad

through its Director

2. Head of Department, Environmental Science and

Engineering, Indian School of Mines University

3. Dean of students Welfare, Indian School of Mines University

4. Deputy Registrar, Examinations,

Indian School of Mines University

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--- Respondents

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CORAM:The Hon’ble Mr. Justice Aparesh Kumar Singh

For the Petitioner: M/s M.S. Anwar, Sr. Advocate, Shivani Verma, Advocate

For the Resp - ISM: Mr. Anoop Kr. Mehta, Advocate

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06/ 13.07.2016 Heard learned counsel for the parties.

2.

Petitioner originally came aggrieved by an order dated 21.07.2015 issued by

the Respondent No. 4 - Deputy Registrar, Examinations, Indian School of Mines

University refusing permission to appear in the special exam of two subjects namely,

Waste Water Engineering and Remote Sensing & GIS of M. Tech in the 2^nd

Semester, apparently on account of failing to complete the minimum 75% / 60% of

attendance in the said subjects.

3.

By an order dated 28.07.2015, a Coordinate Bench of this Court permitted

the petitioner to appear in the examination scheduled to be held on 29^th and 31^st July

2015 in the aforesaid two papers which were made subject to the outcome of the

writ petition. Relevant stand of the parties including Rule position were considered

in the said order, which is quoted hereunder:

“Aggrieved by order contained in letter dated 21.07.2015 issued by

Deputy Registrar (Exam & Acad), Indian School of Mines whereby,

the petitioner has been debarred from appearing in 2^nd Semester

Special Examination in two subjects namely, Waste Water

Engineering and Remote Sensing & GIS, the present writ petition

has been filed.

2. The learned senior counsel for the petitioner refers to

representation dated 31.03.2015 seeking permission to attend special

classes, on which the Head of Department made an endorsement

'permitted'. The learned senior counsel further refers to certificate

issued by the Head of Department of the Environmental Science and

Engineering, a copy of which is annexed as Annexure-5 to the writ

petition and submits that the petitioner, who was suffering from

Spinal Spondylitis due to which, he was not able to attend classes,

was permitted to attend special classes. The petitioner completed

more than required 75% attendance in both the subjects and thus, he

is eligible for appearing in the special examination, which has

commenced from 27.07.2015.

2.

3. Mr. Anoop Kr. Mehta, the learned counsel for the respondent-ISM

submits that since the petitioner failed to attain minimum 60%

attendance, which would have made him eligible for grant of

permission for attending special classes, the petitioner has been

debarred from from appearing in two papers. It is submitted that the

Head of the Department has tendered an apology on 27.07.2015 to

the Director, ISM.

4. A perusal of Clause 3.1 of the Master of Technology (Examination

and Miscellaneous Provisions) Rules, 2006 mandates that a student

must attend 75% classes actually held in the subject. However, an

exception has been made for the students, who did not achieve 75%

attendance. The condition permitting a student with 60% or more

attendance to make up short-fall of attendance of special examination

does not deal with the medical condition of a student, who was

completely rendered immobile. Mr. Anoop Kumar Mehta, the

learned counsel for the respondent-ISM tries to read the expression

“late registration, sick, family calamities and such other

contingencies” in Clause 3.1 into Clause 3.2. However, at the first

glance, I am not satisfied that in any eventuality, a student cannot be

permitted to appear in special examination unless he/she has 60% or

more attendance