The Supreme Court of India disposed of a writ petition seeking to allow the petitioner to appear in her second-semester examination due to illness by declining it. Notably, the provided text clearly identifies the court as the 'High Court of Jharkhand', contradicting the 'Supreme Court' label.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.2482 of 2017
Anamika …… Petitioner
Versus
1. State of Jharkhand
2. Vice Chancellor, Ranchi University, Ranchi
3. Registrar, Ranchi University, Ranchi
4. Examination Controller, Ranchi University, Ranchi 5. Dean, Faculty of Law, Ranchi University, Ranchi 6. Principal, Ranchi College, Ranchi
7. Coordinator, LLM, Ranchi College, Ranchi
CORAM: HON'BLE MR. JUSTICE AMITAV K. GUPTA
--------- For the Petitioner : Mr. Varun Prabhakar, Advocate For the State : J.C to A.A.G For Resp. Nos.2 to 5 : Mrs. Kumari Shika, For Resp. Nos.6 & 7 : Mr. Kumar Harsh, Advocate ---------
03/Dated: 12th June, 2017
1. This writ petition has been filed for issuance of writ of mandamus commanding upon the respondents to allow the petitioner to appear in the 2nd Semester Examination (including Viva and Practical) and permitting her to fill up the examination form.
2. Learned counsel for the petitioner has contended that during the 2nd Semester Session, the petitioner was bed ridden for two months because she was suffering from Bronchial Asthma, Low Hemoglobin and Menorrhagia (medical term for menstrual periods in a women with abnormally heavy or prolonged bleeding) due to which she was unable to attend the classes of 2nd Semester Session. That during the said period, she had gone to the institution to submit the application dated 10.03.2012, but the clerk of the law faculty refused to accept it, whereafter the petitioner was unable to approach the higher authorities due to her critical illness.
That on 24.04.2017 the petitioner filed a representation before the authority for sympathetic consideration of her case and for allowing her to appear in the 2nd Semester Examination and her abstention from the classes due to the aforesaid illness.
It is submitted that the petitioner is 46 years old lady and she has attended the class regularly in the 1st semester
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however, the authorities have not considered the attendance of the petitioner of the last semester. That the respondents have also not considered the medical certificates of her illness for extending the exemption of the required attendance for filling up the examination form and have rejected the application arbitrarily.
3. Mr. Kumar Harsh, learned counsel appearing on behalf of the respondent Nos.6 & 7, has submitted that the application was filed by the petitioner without annexing the medical certificates. That it would be evident from the Annexure – C series that she had attended only 34 classes out of 180 classes, whereas for appearing in the 2nd semester examination, 75% attendance is compulsory. That even during the period of illness she had attended the classes as would be evident from Annexure - C series and the period of illness specified in the medical certificate which falsifies the claim of the petitioner that she was completely bed ridden. It is submitted that 2nd Semester Examination has been concluded and the petitioner is always at liberty to write her 2nd Semester Examination in the next session by attending the classes according to the rules and regulations of the university/ college.
4. Having heard learned counsels, this Court is of the opinion that since the 2nd Semester Examination has been conducted, the writ petition has become infructuous. Moreover, the respondents have stated that the petitioner is at liberty to write her 2nd Semester Examination in the next session in accordance to the rules and regulations of the university/ college.
In the attending facts and circumstances, the writ application is disposed off as having became infructuous.
(AMITAV K. GUPTA, J.)
Chandan/-
Anamika
State of Jharkhand
Vice Chancellor, Ranchi University, Ranchi
Registrar, Ranchi University, Ranchi
Examination Controller, Ranchi University, Ranchi
Dean, Faculty of Law, Ranchi University, Ranchi
Amitav K. Gupta
As recorded by the court registry
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