Madras High Court
K.Shrish vs The Controller Of Examination on 22 January, 2025
Author: R.Subramanian
Bench: R.Subramanian
W.A.No.3487 of 2024
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.01.2025
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
AND
THE HONOURABLE MR.JUSTICE C.KUMARAPPAN
W.A.No.3487 of 2024
K.Shrish ... Appellant
Vs.
1.The Controller of Examination,
SRM Institute of Science & Technology,
Ramapuram Campus,
Bharathi Salai, Ramapuram,
Chennai - 600 089.
2.The Dean,
Faculty of Science & Humanities,
SRM Institute of Science & Technology,
Ramapuram Campus,
Bharathi Salai, Ramapuram,
Chennai - 600 089.
3.The Head of the Department,
Department of Commerce,
Faculty of Science & Technology,
SRM Institute of Science & Technology,
Ramapuram Campus,
Bharathi Salai, Ramapuram,
Chennai - 600 089. ... Respondents
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent, praying to
set aside the order dated 05.11.2024 passed in W.P.No.32418 of 2024 and
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W.A.No.3487 of 2024
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allow the present Writ Appeal.
For Appellant : Mr.S.Silambanan, Senior Advocate
for Mr.K.Vasanthanayagan
For Respondents : Mrs.P.R.Umamaheswari
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JUDGMENT
(Judgment of the Court was delivered by R.SUBRAMANIAN, J.)
An unfortunate student, who wanted to ride two horses having
miserably failed, approached this Court seeking condonation of deficiency of
attendance.
2. The appellant was pursuing II year B.Com., in the 3rd respondent
University. Having found that he did not have enough attendance and lack of
attendance is beyond the condonable 10%, the University refused permission to
write the examinations. This impelled the student to seek a Writ of Mandamus
directing the respondents to permit him to write the third semester examinations
and also attend the classes for the Academic Year 2024 - 2025.
3. The writ Court found that the UGC regulation requires 75% attendance
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and condonable limit was only 10%, meaning thereby a student has to have a
minimum attendance of 65% to enable him to appear for the examinations.
Since the appellant did not have the required 65%, the University had rightly
refused permission to write the examinations and also removed the student
from the rolls. On the said finding, the writ petition was dismissed leading to
this appeal.
4. We have heard Mr.S.Silambanan, learned Senior Counsel for
Mr.K.Vasanthanayagan, learned counsel appearing for the appellant and
Mrs.P.R.Umamaheswari, learned counsel appearing for the respondents 1 to 3.
5. Mr.S.Silambanan, learned Senior Counsel appearing for the appellant
would rely heavily upon the judgment of this Court in W.P.No.20263 of 2014
dated 04.09.2014, wherein, this Court had held that a student who pursues
another professional course while doing a graduation course in the University
should be encouraged and the rule of law should not be applied in rigidity in
such cases.
6. No doubt, the Hon'ble Mr.Justice V.Ramasubramanian, who had
passed the said order had said that an ambitious student should not be punished
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for being ambitious and the law should be flexible, so as to accommodate a
student who wants to excel.
7. We find that the said judgment was appealed against and the Division
Bench of this Court though upheld the result of the writ petition, concluded that
the said judgment shall not be treated as a precedent in future cases. It was also
pointed out by the Division Bench in its order dated 18.12.2015 made in
W.A.No.1275 of 2014 that the officials of the Tamil Nadu Dr. Ambedkar Law
University, which was the appellant therein had condoned lack of attendance of
more than allowable limit to several students by taking the condonation fee and
it was this fact that impelled the Bench to confirm the order of the Hon'ble Mr.
Justice V.Ramasubramaniyan on the peculiar facts of that case. We therefore
don't think that the judgment relied upon by Mr.S.Silambanan, learned Senior
Counsel can be safely relied upon as precedent.
8. The facts are admitted. The appellant did not have sufficient
attendance to enable him to write the examinations. Even after addition of
10%, the appellant gets only 67% which is less by 8% than the required
attendance. In fact, in the objection filed by the University it is stated that the
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appellant had only 45.71% and 48.73% of attendance during the relevant
period. The over all attendance was 57%. Even after adding 10% condonable
limit, the appellant will not reach the required attendance of 75%.
9. It has been repeatedly held that in academic matters this Court will not
interfere and leave it to the wisdom of the academicians. The UGC Regulation
requires a particular percentage of attendance and if a student does not possess
that percentage of attendance, the only result could be the students cannot
appear for the examination. As rightly pointed out by the learned counsel for
the University if this Court chooses to sympathize with such students, it will be
only mis-placed sympathy and it would amount to mocking of students who
attended the classes regularly.
10. We do not find any infirmity in the orders of the writ Court. The
appeal therefore fails and it is accordingly dismissed. No costs.
11. If the student is willing to re-do the course by paying required fee, the
University will take the student back on its rolls and ensure that he gets a good
ambiance for continuing his studies.
(R.S.M.,J.) (C.K.,J.)
22.01.2025
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dsa
Index : No
Neutral Citation : No
Speaking order
To
1.The Controller of Examination,
SRM Institute of Science & Technology,
Ramapuram Campus,
Bharathi Salai, Ramapuram,
Chennai - 600 089.
2.The Dean,
Faculty of Science & Humanities,
SRM Institute of Science & Technology,
Ramapuram Campus,
Bharathi Salai, Ramapuram,
Chennai - 600 089.
3.The Head of the Department,
Department of Commerce,
Faculty of Science & Technology,
SRM Institute of Science & Technology,
Ramapuram Campus,
Bharathi Salai, Ramapuram,
Chennai - 600 089.
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R.SUBRAMANIAN, J.
and
C.KUMARAPPAN, J.
dsa
22.01.2025
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