A B.Com student detained for shortage of attendance sought a mandamus to attend classes and write the semester examination, citing hospitalisation for viral fever and CA Foundation exams. The court held attendance requirements were met liberally by the institution and refused relief.
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W.P.No.32418 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.11.2024
CORAM
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH
W.P.No.32418 of 2024 and W.M.P.No.35202 of 2024
K.Shrish
... Petitioner
Vs.
Faculty of Science & Humanities, Ramapuram Campus, Bharathi Salai, Ramapuram, Chennai-600 089.
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W.P.No.32418 of 2024
Bharathi Salai, Ramapuram, Chennai-600 089.
.....Respondents
Prayer:-Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents to permit the petitioner to write the III Semester classes and consequently permit the petitioner to attend the classes for the academic year 2024-2025 and pursue his course.
For Petitioner : Mr.K.Vasanthanayagan
For Respondents : Mrs.P.R.Umamaheswari
O R D E R
The present petition has been filed by the petitioner seeking a
direction to the respondents to permit him to write the third semester exam and also to attend the classes for the academic year 2024-25 and pursue his course.
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W.P.No.32418 of 2024
The petitioner is a second year B.Com student in the third respondent institution. Apart from his academics, he joined CA Foundation course. Since the petitioner was hospitalized due to viral fever and also appeared for CA exams from 13.09.2024 to 29.09.2024, he was unable to attend his regular classes and made a representation to the third respondent to consider those days as OD. However, the same was not considered and the petitioner was denied to attend the upcoming semester examination and was also detained from attending the classes for the next six months.
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the petitioner is pursuing CA Foundation Course. While so, the petitioner was affected by viral fever and hospitalized and was not able to attend his classes from 06.09.2024 to 20.09.2024. However, he attended his CA exams on 13.09.2024, 15.09.2024, 18.09.2024 and 20.09.2024. The petitioner has produced his medical certificate and made a representation to consider his absence as OD to the third respondent but the same was denied. Furthermore, the petitioner was informed that due to lack of attendance, he would not be permitted to appear for the semester examination and also that he would not able to attend the classes for the next six months. He submitted that the petitioner along with his mother met the third respondent but all his efforts went in vain. He contended that the petitioner has valid reasons for his absence which is neither wilful nor wanton and if the petitioner is not permitted to attend his exams and classes, the same would cause severe hardship and affect his career. Hence, the learned counsel pleaded before this Court that the present petition has to be allowed by directing the respondents to permit the petitioner to appear for his semester examinations and also to attend his classes.
that the respondents come under deemed university and guided by
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W.P.No.32418 of 2024
UGC. They have their guidelines, rules, regulations for the students to follow during their course in the institution. She submitted that the petitioner has been denied to appear for his semester examinations and also to attend his classes for the next six months due to lack of attendance as mandated by their guidelines. She further submitted that as per UGC and their policy, minimum 75% attendance is mandatory and also that the institution also provides additional 10% taking into consideration of unanticipated issues and mandated the students to maintain 65% attendance. Inspite of the same, the petitioner did not attend the classes and hence, debarred from writing examination.
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respondents in respect of the petitioner warrants no interference and thus, prayed for dismissal of the present petition.
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is of the opinion that attendance is the primary indicator and lacking of it, ruins the future of the student and hence, showing leniency in this matter would pave a bad precedent for other students and spoil the future pillars of our society. Hence, the petitioner is not entitled for the relief sought for in this petition and accordingly, the Writ Petition stands dismissed. Consequently, the connected Miscellaneous Petition is closed. There shall be no orders as to costs.
05.11.2024
Index: Yes/No Order: Speaking/Non-Speaking NCC : Yes/No DP
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W.P.No.32418 of 2024
To
2.The Dean, Faculty of Science & Humanities, Ramapuram Campus, Bharathi Salai, Ramapuram, Chennai-600 089.
3.The Head of the Department, Department of Commerce, Faculty of Science & Humanities, SRM Institute of Science & Technology, Ramapuram Campus, Bharathi Salai, Ramapuram, Chennai-600 089.
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W.P.No.32418 of 2024
VIVEK KUMAR SINGH, J.
DP
ORDER MADE IN W.P.No.32418 of 2024 and W.M.P.No.35202 of 2024
05.11.2024
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1 issue framed by the court
Whether a B.Com student detained for lack of attendance despite medical grounds and CA exam absence should be permitted to attend classes and write the semester examination.
1 provisions across 1 enactments
K.Shrish
The Controller of Examination, SRM Institute of Science & Technology
The Dean, Faculty of Science & Humanities, Ramapuram Campus
The Head of the Department, Department of Commerce, SRM Institute of Science & Technology
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
