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Judgment
M.I. Arun, J
The petitioner is a MBBS student of respondent No.1 – College which is affiliated to respondent No.2 – University. He was not permitted to appear in 3rd year MBBS examination on the ground of attendance shortage. Aggrieved by the same, the instant writ petition is filed.
The case of the petitioner is that he had attendance shortage due to reason that he suffered from Covid and also that he was detained in judicial custody in relation to a criminal case and for reasons beyond his control, he could not attend the classes. It is submitted that he has been a studious and meritorious student throughout his college so far and he has been falsely implicated in the criminal case. The fact whether he has been falsely implicated or not in the criminal case is a matter of trial and it is not for this Court to pronounce any opinion about the same.
With regard to shortage of attendance and the nature of the student, the learned counsel for the respondent No.1 – College submits that the petitioner indeed has been brilliant academically and his case be considered sympathetically and that he would have had the necessary attendance if he had not fallen sick due to Covid and other reasons and if he were not to have been detained in judicial custody and the college supports the case of the petitioner.
The respondent No.2 – University submits that he has been denied permission as he doesn’t have requisite attendance and justifies the action on the part of the University.
However, by virtue of interim order of this Court, petitioner has been permitted to write MBBS 3rd year final examination.
The regulations stipulate that a student is required to have 75% attendance to appear in the examination. The action of the University in denying the permission to the student to appear in the examination based on the said regulation cannot be found fault with. However, it is an exceptional case wherein the student has suffered shortage of attendance due to suffering from Covid, falling sick and that he was detained in judicial custody. The said grounds are also not an exception which warrants permission to be given to the student to appear in the examination. However, the College has supported the case of the petitioner by submitting that he is a bright student and that he has suffered because of reasons beyond his control and that given the peculiar facts and circumstances of the case, an exception can be carved out, otherwise it may harm his career beyond repair.
Given the peculiar facts and circumstances of the case, without making it a precedent, I am of the opinion that the respondent No.2 – University should announce the result of the petitioner and permit him to pursue his studies. The petitioner is also hereby warned not to indulge in undesirable activities and concentrate on his studies and attend the classes regularly in future.
For the aforementioned reasons, respondent No.2 – University is directed to announce the result of the petitioner for 3rd year final examination (MBBS course) which he has appeared pursuant to the order of this Court and permit him to pursue his career further. The writ petition is disposed of accordingly.