Mumbai: The Bombay high court has rejected the plea of a student of NM College to direct the college to allow him to take the final management examination even though his attendance was less than that stipulated on the grounds that he was unwell and could not attend college. The court held that rules have to be followed and absence from lectures cannot be condoned under any circumstance.
A division bench of Justices Shantanu Kemkar and Prakash Naik was hearing four writ petitions filed by students of Narsee Monjee Institute of Management Studies Deemed University’s (NMIMS) Mukesh Patel School of Technology, Management and Engineering (MPSTME). The students’ plea was that they were not allowed to appear for the end-of-semester exams due to lack of attendance despite furnishing medical certificates to justify their absence.
As per the petition of one student, he had taken admission in the institute in 2015-16 but failed in the year-end exams and so appeared for additional exams conducted by the institute. However, he was unsuccessful and had to enrol in the first year again.
The petition claimed that as results were declared two months after the semester started he was unable to attend lectures. The student also claimed that he was unwell after the re-examination results were declared and could not attend lectures for five days. He also submitted that he was also undergoing counselling for depression for a month.
The counsel for the institute informed the court that they had followed due process and informed the students and their parents about the lack of attendance. Hence, the contentions of the students were invalid.
After hearing both sides, the bench said, “…we cannot overlook the fact that there was no compliance of the rules as stipulated in the Student Resource Book. We have also noted…that from time to time, the students were [told] that there is default in compliance with the requirement of attendance.”
While dismissing the petitions, the bench further added, “The grounds raised by the petitioners seeking condonation of non-attendance by producing a medical certificate etc. appears to be an after-thought and not genuine grounds to condone absence.”
What the rulebook says
According to MPSTME, students need:
- 80 per cent and above eligible to appear for trimester /semester-end exams
- 70 per cent to 79.9 per cent (10 per cent exemption) eligible to appear for trimester/semester-end exams subject to approval of exemption granted from the dean of respective school/director of respective campus /associate dean
- Below 80 per cent (not eligible for exemption) Have to take re-admission in same trimester/semester same class in subsequent academic year
