University, Law College flout attendance norm
   Date :26-Apr-2019

 
 
Staff Reporter:
 

Permit 32 ineligible students with less than 60 per cent attendance to write LL B (fourth semester) exam: HC 
 
Expressing deep anguish over decision by authorities of Dr Babasaheb Ambedkar College of Law to ignore compulsory attendance norm while permitting ineligible students to appear for the university examination, Nagpur bench of Bombay High Court on Thursday directed the university and college to allow one more student with 22.72 per cent attendance to appeal for LL B (fourth semester) Examination.
 
A division bench consisting of Justice Ravi Deshpande and Justice Shriram Modak while hearing a petition filed by Monica Vijaykumar Agrawal, came down heavily upon authorities for relaxing the norms to allow as many as 32 students with less than 65 per cent attendance to take up examination, contrary to university norm. The petitioner was denied hall ticket for LL B (fourth semester) attendance which started from April 24 because of her poor attendance. The petitioner while questioning the decision of College, claimed that 32 more students who were also ineligible as per clause (vi) with less than 65 per cent attendance were permitted by the college.
 
According to rules framed by RTMNU, at least 75 per cent attendance of lectures delivered in the subject, including tutorials, moot court and practical training course is mandatory. The College Principal has a discretion to allow a student to take examination of the College and University, if the student concerned had attended at least 65 per cent of the classes. The Vice-Chancellor can allow a student with upto 60 per cent attendance, using his discretionary power, in the subject or subjects. Even condonation done on medical grounds should not exceed 10 days.
 
Therefore, no student with less than 60 per cent subject can appear in the university examination. The High Court expressed surprise over open flouting of this norm by the College, thereby allowing 32 ineligible students to write the LL B examination. The High Court also noted that it was done on the basis of policy decision taken in the faculty meeting and it was decided to relax the attendance below 60 per cent (upto minimum 50 per cent). On the basis of this decision, even the students whose attendance was 47.94%, 41.64% and 44.47% were permitted to appear in the examination. This seems to have been approved by the University, the High Court noted with great anguish.
 
In fact, the College could not have permitted even a single student with less than 60 per cent attendance to appear in the examination, the High Court stated while describing the so called policy decision as “ prima facie contrary to the Rules.” The High Court extended same attendance relaxation to petitioner-student and condoning her absence for the concerned period subject to result of petition. Adv N B Rathod appeared for the petitioner while Adv P B Patil represented RTMNU.