Bamangnabam vs North Eastern Hill University & Ors.

We admit the appeal.

We were shown Rule 12 of the Rules of Legal Education, 2008 which is set out hereunder:

“12. End Semester Test.

No students of any of the degree program shall be allowed to take the end semester test in a subject if the student concerned has not attended minimum of 70% of the classes held in the subject concerned as also the moot court room exercises, tutorials and practical training conducted in the subject taken together.

Provided that if a student for any exceptional reasons fail to attend 70% of the classes held in any subject, the Dean of the University or the Principal of the Centre of Legal Education, as the case may be, may allow the student to take the test if the student concerned attended at least 65% of the classes held in the subject concerned and attended 70% of classes in all the subjects taken together. The similar power shall rest the Vice Chancellor or Director of a National Law University, or his authorized representative in the absence of the Dean of Law.”

The following facts are more or less undisputed.

The appellant was hospitalised during the material period undergoing gallbladder surgery when his attendance dropped to 60 per cent.

The fifth semester examination for the LLB course NEHU under the Shillong Law College is to commence from tomorrow. The College is not allowing the appellant to sit for the examination. Hence, the University has not issued any admit card.

Prima facie we are of the view that this rule is to be interpreted reasonably. When it is possible for the student to attend classes and he deliberately or negligently does not do so, the rule would apply. In case of impossibility created by illness, act of God etc., this rule is either not to be applied or to be liberally construed, so that taking into account the overall performance of the student and his conduct, his case for being allowed to write the examination is compassionately considered.

Prima facie there is nothing to suggest anything against the merit of the student.

As an interim order, we direct the respondents to allow the appellant to sit for the examination commencing tomorrow, subject to the result of the appeal. All formalities like permission from the College or issuance of admit card by the University shall be done in course of the day on the basis of the written communication on the basis of this order by the learned Advocate-on-record for the appellant, counter signed by an officer attached to this Court, in case the server copy of the order is not available.

We expedite the hearing of the appeal dispensing with all formalities.

Advocate-on-record for the appellant will file informal paper-books in this Court by 3rd February, 2025. Copies of the paper-books should be served on the respondent at least seven days before the date of hearing of the appeal.

List the appeal for hearing on 19th February, 2025.