The High Court dismissed a writ petition wherein a student sought a direction to appear for semester examinations despite lacking minimum attendance, caused by suspension and illness. The Court held that strict adherence to institutional attendance norms was necessary to maintain discipline and academic standards.
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.
W.P.No.32623 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.32623 of 2024 and W.M.P.No.35466 of 2024
Mohamed Zakir
... Petitioner
Vs.
.....Respondents
Prayer:-Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the third respondent to permit the
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W.P.No.32623 of 2024
petitioner to participate in III year V Semester (Academic year 20222025) examination proposed to be conducted on 07.11.2024 to 15.11.2024 by considering the petitioner's representation dated 28.10.2024.
For Petitioner : Mr.A.Naresh Prabhu
For Respondent-1: No Appearance
For Respondent-2: Mr.Jayaprakash, GA
For Respondent-3: Mrs.P.R.Umamaheswari
O R D E R
The present petition has been filed by the petitioner seeking a direction to the third respondent to permit him to appear for the fifth semester exam.
The petitioner is a third year B.Com student in the third respondent institution. Due to shortage of 0.8% attendance, the Page Nos.2/9
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petitioner was debarred from appearing the V semester examination. Since the petitioner was suspended from 12.07.2024 to 12.08.2024 and also had suffered from chicken pox from 16.08.2024 to 21.08.2024, he was unable to attend his regular classes. He made a representation dated 28.10.2024 along with his medical certificate but the same was not considered and was denied to attend the upcoming semester examination.
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shortage of attendance and shown as an embargo for attending the upcoming semester examination. The petitioner has produced his medical certificate and made a representation dated 28.10.2024 to consider his absence 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 upcoming semester examination. 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 upcoming semester exams, 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 third respondent to permit the petitioner to appear for his upcoming semester examinations.
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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.
either side and also perused the materials available on record.
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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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To
2.The Secretary, Tamil Nadu Higher Education Department, O/o.Secretariat, Chennai.
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VIVEK KUMAR SINGH, J.
DP
ORDER MADE IN W.P.No.32623 of 2024 and W.M.P.No.35466 of 2024
05.11.2024
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3 issues framed by the court
Whether the High Court should direct the university to permit a student debarred for insufficient attendance to participate in semester examinations.
Whether medical emergencies and suspension without a fair enquiry constitute valid grounds to condone attendance shortfalls.
Whether granting leniency in attendance matters would set a bad precedent for student discipline.
1 provisions across 1 enactments
Mohamed Zakir
University Grants Commission, rep. By Secretary
Tamil Nadu Higher Education Department, rep. By Secretary
Vice Chancellor/Principal, 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
