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No relief for college student with attendance shortfall: Bombay High Court

Mumbai University ordinance states that every undergraduate student has to have a minimum of 75% attendance.

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The responsibility of taking care of grandparents because parents have demanding jobs is no good reason for a student to not attend college and then seek leniency in the 75% mandatory attendance rule, the Bombay High Court has ruled.

A division bench of justices SC Dharmadhikari and Dr Shalini Phansalkar Joshi dismissed a petition filed by a city college student, seeking directions to the college to release her marksheet for second year of Bachelor of Management studies and allow her to take admission in third year.

In March, the court had allowed the student to appear for her semester II exams, with the outcome depending on the final hearing of the petition. The college then allowed her to appear for exams but her marksheet was withheld. The student then approached the court, arguing that being satisfied with the bonafide claim raised in the petition, the court had protected her educational career through an interim order.

As per a Mumbai University ordinance, every undergraduate student has to have a minimum of 75% attendance, failing which the college or university will not allow the student to appear for exams. In an affidavit filed in the court, the college had stated that for the academic year 2015-16, the student's attendance was only 35.29%. A relaxation or concession of 25% could be provided, but even then it did not satisfy the minimum attendance requirement.

After going through the records, the court stated, "It is well settled that equality is a positive concept and two wrongs do not make a right. Merely because some students have been allowed to appear for exams despite a shortfall in attendance, it is not necessary that such a course is to be automatically followed in other cases of similar nature. If the student is required to repeat the semester, she will have to do it."
 

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