Kerala High Court: The Bench of P.V. Asha, J. allowed a petition filed by a law student granting her permission to appear for her examinations on a provisional basis subject to the question of sufficiency of her attendance being decided by her law college.

Petitioner herein was a student of 5-year LLB BA (Criminology) who was informed by the respondent law college that she is ineligible to appear for her seventh-semester examination on account of shortage of attendance. Petitioner claimed that she had got 60 per cent attendance.

Learned counsel for the petitioner Mr Syam J Sam submitted that petitioner had appeared in the internal examination for which she had paid examination fee. She had also taken up the matter for condonation, with the respondent college through Principal.

In view of the fact that the examination was scheduled to be held from 15-03-2019, the Court opined that the petitioner could be permitted to appear in the examination purely on provisional basis subject to the decision to be taken on the question of condonation of shortage of attendance.

The petition was disposed of in the above terms with a direction to the respondent to allow the petitioner to appear in the 7th semester examination, and a direction to the petitioner to submit an application for condonation of shortage of attendance through the Principal.

The Court clarified that petitioner’s appearance in the examination would be subject to the decision to be taken by the University, and the permission granted to petitioner by this Court to appear in the examination would not enable her for any equitable consideration.[Pavija Padman v. Principal, Al-Azhar Law College, 2019 SCC OnLine Ker 900, Order dated 14-03-2019]

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