Jammu & Kashmir High Court - Srinagar Bench
Baseerat-Ul-Ain vs Vice Chancellor on 21 October, 2021
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
Reserved on:11.10.2021
Pronounced on: 21.10.2021
WP(C) No.1837/2021
CM No.6131/2021
BASEERAT-UL-AIN ...PETITIONER(S)
Through: - Mr. Mohammad Altaf Khan, Advocate.
Vs.
VICE CHANCELLOR, CENTRAL ...RESPONDENT(S)
UNIVERITY & OTHERS.
Through: - Mr. Arshid Ahmad Wani, Advocate.
CORAM: HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE
JUDGMENT
1) Petitioner has filed the instant writ petition seeking a
direction upon the respondents to conduct the
examination of the petitioner for LLM course 3rd Semester
separately at an earliest possible date and allow her to write
her exams.
2) It is the case of the petitioner that she passed her LLB
degree in the year 2017 and thereafter she got admitted in
the Department of Law, Central University, Kashmir, for
two-years fulltime Masters (LLM course) in the year 2019.
It is averred that the petitioner completed her 1st and 2nd
Semester as a regular candidate in the year 2020. However,
MOHAMMAD ALTAF BHAT on 06.02.2021, petitioner came to be arrested in connection
2021.10.21 16:49
I attest to the accuracy and
integrity of this document
CM No.6131/2021
with FIR No.RC-01/2021/NIA/JMU dated 02.03.2021 for
offences under Section 18 & 20 of UA(P) Act, 1967. The
petitioner is stated to have remained in custody pursuant
to her arrest.
3) It is averred in the petition that the petitioner
continued to study and prepare for examination even while
she was in custody. She made an application before the
Superintendent of the concerned jail for facilitating conduct
of her exams of 3rd Semester LLM course. The
Superintendent of the jail is stated to have written a
communication to Controller of Examination, Central
University, Kashmir, on 29.03.2021, requesting him to allot
the jail special examination center. However, the said
facility was not provided, whereafter the petitioner
approached the Special Court, NIA, Jammu, for grant of
temporary bail which was granted in her favour in terms of
order dated 01.09.2021 passed by the said Court.
4) It is further averred that the petitioner approached the
authorities of the Central University, Kashmir, upon her
release from the jail but the authorities refused to conduct
her exam on the ground that being a regular candidate, she
did not have the requisite attendance in the University and,
as such, she could be allowed to write her exams.
MOHAMMAD ALTAF BHAT
2021.10.21 16:49
I attest to the accuracy and
integrity of this document
CM No.6131/2021
5) It is contended by the petitioner that the action of the
residents in not allowing her to writ the exams of LLM 3rd
Semester would work very harshly against her as she will
not be able to complete her Master's degree within the
stipulated time.
6) The writ petition has been contested by the
respondents by filing a reply thereto. The respondents, in
their reply, have admitted most of the factual aspects
contended by the petitioner in her writ petition. It is,
however, contended by the respondents that due to
shortage of attendance and non-appearance of the
petitioner in the Continuous Internal Assessments (CIA),
she could not be allowed to writ exams. This, according to
the respondents, is in accordance with the Ordinance 25 of
the respondent University, a copy whereof has been placed
on record.
7) I have heard learned counsel for the parties and
perused the record of the case.
8) Admittedly, petitioner due to her arrest and
subsequent custody in jail could not attend the regular
classes of 3rd Semester of LLM. Therefore, the question that
arises for consideration is as to whether petitioner can be
permitted under rules to writ exams on account of the
MOHAMMAD ALTAF BHAT
2021.10.21 16:49
I attest to the accuracy and
integrity of this document
CM No.6131/2021
circumstances which prevented her from attending the
regular classes.
9) Ordinance 25 of the Central University, Kashmir,
which has been issued in terms of Section 28(1)(b) of the
Central Universities Act, 2009, governs the matters
relating to award of Post-graduate Degree in Law i.e., LLM.
Clause (9) of the said Ordinance relates to eligibility of a
candidate to appear in the internal continuous
assessment/end semester examination of a course. It reads
as under:
"9. ATTENDANCE
9.1 A candidate to be eligible to appear in the internal
continuous assessment/end semester examination of
a course or a complete semester shall have to put in a
minimum of 75% attendance in that course/semester
in addition to satisfying all other relevant conditions
laid down in the Regulations.
9.2The Dean, School of Legal Studies, on the
recommendation of the HOD, shall condone the
shortage of attendance to a maximum of 5% if the
claim is justified and supported by valid documents.
9.3The Vice Chancellor, on the recommendation of
the HOD and Dean, School of Legal Studies shall
condone shortage beyond 5% but only up to 10% for
valid reasons (to be supported by documentary
evidence).
9.4 However, no student shall be allowed to avail of
the concession provided under Clause 9.2 & 9.3 in
more than 50% of the total semesters of the
programme.
9.5 The teacher concerned shall be responsible for
maintaining the record of attendance of the students
registered for the course."
MOHAMMAD ALTAF BHAT
2021.10.21 16:49
I attest to the accuracy and
integrity of this document
CM No.6131/2021
10) A bare perusal of the aforesaid clause reveals that a
candidate cannot appear in end semester examination of a
course if he has not put in a minimum of 75% attendance
in that course/semester. The Dean, School of Legal Studies,
on the recommendations of the HOD, can condone the
shortage of attendance upto a maximum of 5% whereas the
Vice Chancellor, on the recommendations of the HOD and
Dean, School of Legal Studies, is competent to condone the
shortage beyond 5% but only up to 10% for valid reasons.
11) In the instant case, petitioner has not attended the
regular classes of 3rd Semester even for a day. Learned
counsel for the petitioner has contended that even other
students of 3rd Semester did not attend the regular classes
as the classes were being held through online mode due to
COVID-19 restrictions.
12) The requirement of Clause (9) for a candidate to be
eligible to appear in the end semester examination is
attendance candidate in the course. The mode of
attendance may be physical or virtual, depending upon the
decision that may be taken by the University authorities in
this regard. In the instant case, the petitioner has,
admittedly, not attended the classes even through online
mode. Therefore, it cannot be stated that she has complied
MOHAMMAD ALTAF BHAT
2021.10.21 16:49
I attest to the accuracy and
integrity of this document
CM No.6131/2021
with the conditions mentioned in Clause (9) of the
Ordinance.
13) Another condition which is relevant to the context
relates to examination and evaluation. Clause (13) of the
Ordinance, in this regard, requires to be noticed. It reads
as under:
"13. EXAMINATION AND EVALUATION
13.1 A student shall be continuously evaluated for
his/her academic performance through continuous
Internal Assessment (tutorials, practical, home
assignments, class assignment, term papers, field work,
seminars, periodical tests and Non Scholastic areas
(Personality, Attitude, Scientific temper, Creative
thinking, values and Social/ Community Work) and the
End Semester examination as prescribed in the
examination scheme of the respective course and duly
approved by the Authority concerned.
13.2 Distribution of marks for each course shall be as
under;
Continuous Internal Assessment (CIA) : 40 Marks
End Semester Examination (ESE) : 60 Marks
13.3 Unless provided otherwise the breakup of
Continuous Internal Assessment shall be as below:
Test 10 Marks
Comprehensive Viva 15 Marks
Assignments through PPT* 10 Marks
Attendance * 05 Marks
40 Marks
Marks break-up for Attendance
75% to 80% : 1 mark
81% to 85% : 2 marks
86% to 90% : 3 marks
91% to 95% : 4 marks
96% to 100% : 5 marks
*the decimals 0.5 and above in the marks for attendance
shall be rounded off to the next figure
MOHAMMAD ALTAF BHAT
2021.10.21 16:49
I attest to the accuracy and
integrity of this document
CM No.6131/2021
13.4 The continuous internal assessment shall be
conducted by the teacher concerned under the overall
supervision of the HOD and Dean of the School. The
Head of the Department shall report the award list of CIA
in respect of all courses to the Controller of Examination
through the Dean.
13.5 In case of a student who could not appear in any of
the components of the CIA due to medical reasons or for
extraordinary circumstances(supported by documentary
evidence), a separate examination in that component
may be arranged by the Department concerned before
the end semester examination.
13.6 The end semester examination shall be organised
by the Controller of Examination, with the evaluation to
be undertaken by the examiners to be appointed by the
Vice Chancellor.
13.7 There shall be four End Semester Examinations, first
semester examination at the middle of the first academic
year and the second semester examination at the end of
the first academic year. Similarly, the third and fourth
semester examinations will be held at the middle and the
end of the second academic year respectively.
13.8 There shall be one End semester examination of 3
hours duration carrying 60% of Marks in each course
covering the entire syllabus prescribed for the course.
13.9 End Semester Practical Examinations (wherever
applicable) shall ordinarily be held before the theory
examinations.
13.10 A student shall be permitted to appear in the End-
semester examination as per the Conduct of
Examination Rules after filling up the prescribed
examination form, payment of the prescribed
Examination Fee, satisfying the attendance requirement
and fulfilling other eligibility criteria.
13.11 To be eligible to appear in the End Semester
Examination of a course the student shall have to clear
the CIA with a minimum of 50% marks."
14) From a perusal of the aforesaid Clause, it is clear that
besides requirement of attendance, a student, in order to
MOHAMMAD ALTAF BHAT
2021.10.21 16:49
I attest to the accuracy and
integrity of this document
CM No.6131/2021
be eligible to appear in the end-semester examination of a
course, has to clear Continuous Internal Assessment (CIA)
with minimum of 50% marks. In the instant case,
admittedly, the petitioner has not appeared in CIA and, as
such, she has not secured the minimum of 50% marks.
15) Thus, the petitioner was ineligible to appear in the
end-semester examination on two counts, one that she was
not having the requisite attendance and secondly she had
not cleared the CIA. In such an eventuality, the only option
available to the petitioner is to repeat and take readmission
in 3rd Semester of the course in the next calendar year as
is provided in Clause (8.3) of the Ordinance.
16) It has been vehemently contended by learned counsel
for the petitioner that Chairperson of the Academic Council
in terms of Clause (16) of the Ordinance has power to relax
any of the provisions of the said Ordinance in exceptional
circumstances and on the recommendations of Board,
School of Legal Studies.
17) In the instant case, petitioner has not carved out any
exceptional circumstance that would entitle her to
consideration of her case for relaxation in terms of Clause
(16) of the Ordinance. It is not a case where the petitioner
due to her illness, bereavement in the family or due to
MOHAMMAD ALTAF BHAT
2021.10.21 16:49
I attest to the accuracy and
integrity of this document
CM No.6131/2021
circumstances of similar nature was prevented from
attending the clauses but it is a case where she has been
arrested in a criminal offence of heinous nature. Thus,
there are no exceptional circumstances in the case at hand
that would entitle the petitioner to the consideration of her
case in terms of Clause (16) of the Ordinance.
18) For the foregoing reasons, I do not find any merit in
this petition. The same is, accordingly, dismissed along
with connected CM.
(Sanjay Dhar)
Judge
Srinagar
21.10.2021
"Bhat Altaf, PS"
Whether the order is speaking: Yes/No
Whether the order is reportable: Yes/No
MOHAMMAD ALTAF BHAT
2021.10.21 16:49
I attest to the accuracy and
integrity of this document
