No HC relief for 107 Mithibai students barred from tests

In a major setback to 107 students, the Bombay high court (HC) rejected their plea for direction to the administration of Mithibai College in Vile Parle, to allow

In a major setback to 107 students, the Bombay high court (HC) rejected their plea for direction to the administration of Mithibai College in Vile Parle, to allow them to appear for their second, fourth and sixth-semester exams of the Commerce stream which will begin on Friday. The students were barred by the college from answering their exams as they did not meet the requisite attendance criteria.

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A division bench of justice RK Deshpande and justice PK Chavan rejected the plea after the bench was informed that the students’ attendance was less than 65%. The bench was hearing a petition filed by 107 of 550 students from various streams of Mithibai College. The truant students were barred from answering their examinations through a March 11 notice as they had less than 65% attendance, 10% less than the requisite 75%.

Advocate Swapna Kode argued on behalf of the students and said that the attendance criteria could have been relaxed as in the past the college allowed those with up to 50% attendance to answer the exams. Kode sought that the court should direct the college to let the students attend the exams but keep their results in abeyance till the petition was heard and decided.

However, the advocate for the college submitted that since November the college had been sending reminders and warnings to students and their parents about the need to have 75% attendance, but they had not paid heed. Hence, a list was drawn before the exams, of errant students.

The advocate also informed the court that the college had done everything on its part to ensure that the students attended lectures so that they may fulfil the 75% attendance criteria. Hence, the petition was not maintainable and should be dismissed. He also submitted that the condonation of students with less than 75% attendance up to 65%, was decided on a case-to-case basis.

After hearing the submissions the bench said, “Prima facie it is not possible for us to compromise the attendance discipline.” The court held that as the students did not fulfil the attendance criteria, it was dismissing the petition.