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Plea of Student with Criminal Charges Seeking Relaxation in Attendance Rules for Appearing for Examination, Rejected: HC

Plea of Student with Criminal Charges Seeking Relaxation in Attendance Rules for Appearing for Examination, Rejected: HC

15.11.2021 | Education News | EduLegaL  | www.edulegal.org | mail@edulegal.in

Jammu & Kashmir and Ladhak High Court in Baseerat-ul- Ain vs Vice-Chancellor, Central University, and Others– WP (C) No. 1837/2021 and CM No. 6131/2021- held no direction can be made for permitting a student with criminal charges and not fulfilling examination eligibility criteria to take up the examination. 

A bench of Justice Sanjay Dhar held: 

…petitioner has not carved out any exceptional circumstance that would entitle her to consideration of her case for relaxation in terms of Clause (16) of the Ordinance. It is not a case where the petitioner due to her illness, bereavement in the family or due to circumstances of similar nature was prevented from attending the classes but it is a case where she has been arrested in a criminal offence of heinous nature. Thus, there are no exceptional circumstances in the case at hand that would entitle the petitioner to the consideration of her case in terms of Clause (16) of the Ordinance. 

The petitioner had passed her LLB in the year 2017. She got admission for a two-years full-time Masters (LLM course) into the Department of Law, Central University, Kashmir, in the year 2019. She completed her first year in 2020. On 06.02.2021 she got arrested for offenses under Section 18 & 20 of UA(P) Act, 1967, and remained in the custody of the police. 

The petitioner contended that while she was in custody she prepared for the examination and wrote an application to the superintendent of jail for appearing for the 3rd Semester LLM examination. The same was communicated to the Vice-Chancellor of the University on 29.03.2021 for a special jail allotment examination. But the university failed in providing any faculty, thereafter the petitioner approached the special court for grant of temporary bail which was passed in her favour on 01.09.2021. Upon her release, she approached the university authority for conducting exams but the same was refused by the authorities on the ground that as she had taken admission in the regular stream classes of LLM and since she remained absent, she was not eligible for the examination. Aggrieved, the petitioner approached the court through a writ for seeking direction for the respondent to conduct her  3rd Semester exam at the earliest or it will have an impact in the timely completion of her course. 

The respondent submitted that due to the shortage of attendance and non-appearance of the petitioner in the Continuous Internal Assessments (CIA), she could not be allowed to write exams. The petitioner challenged this on the ground of Ordinance 25 of the University. 

The court on perusal of the Ordinance held that the petitioner was not entitled to appear for the exam. The conditions include: 

  • students are allowed to give exams although not having 75% attendance on condonation of shortage of attendance up to a maximum of 5% whereas the Vice-Chancellor, on the recommendations of the HOD and Dean, School of Legal Studies, is competent to condone the shortage beyond 5% but only up to 10% for valid reasons. 
  • have not attended CIA due to any medical reasons or extraordinary circumstances. 

Nevertheless, the petitioner’s case does not cover any of the above-mentioned exceptions. The court further stated that the petitioner’s absenteeism cannot be covered under an exceptional case as she had been charged with a criminal offense of grave nature. 

In conclusion, the court advised the petitioner to take re-admission in the 3rd semester next year, dismissed the petition finding no merits. 

Rasmita Behera | Research Intern | EduLegaL

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