Meghalaya High Court Grants Relief To Law Student Facing Attendance Shortage Due To Gall Bladder Ailment
The Meghalaya High Court recently granted relief to a third law student of Shillong Law College, NEHU by directing that the attendance of the said student be treated as regular and that he be assessed in the 5th semester examination in regular course. The law student (petitoner) was declared ineligible to take the exam because his attendance fell below the benchmark attendance requirement...
The Meghalaya High Court recently granted relief to a third law student of Shillong Law College, NEHU by directing that the attendance of the said student be treated as regular and that he be assessed in the 5th semester examination in regular course.
The law student (petitoner) was declared ineligible to take the exam because his attendance fell below the benchmark attendance requirement of attending 70% of classes on all subjects taken together prescribed under the Rules of Legal Education, 2008. The petitioner-student attended only 60% of classes.
The petitioner claimed a deteriorated medical condition(gallbladder ailment) as the main reason for the shortfall in attendance as he underwent an operation in November 2024. He prayed for the Court's intervention in his prayer to sit in End Semester Exams.
The single judge bench declined to interfere with the Shillong Law College's decision to bar a student from taking End Semester Exams.
However, in an appeal, the High Court, in December 2024, allowed the appellant to sit for the examination as interim relief, subject to the result of the writ appeal.
During the hearing of the writ appeal, the division bench comprising the Chief Justice I.P. Mukerji and Justice W. Diengdoh noted that from or about August, 2024, the petitioner developed an ailment relating to his gallbladder.
“Often, he used to be in intense pain as a result of which, his attendance dipped sharply in August, 2024. However, he was in better state of health in September, 2024. His attendance was 100 per cent in evidence, Civil Procedure code, labour law and drafting, pleadings and conveyancing and 85.71 per cent in human rights, the average of which was 97 per cent,” the Court noted.
The Court further observed that once again in October, 2024 the petitioner's illness aggravated and there was a drop in attendance although not so much as it was in August, 2024. The attendance range was between 50 per cent and 85.71 per cent in the five papers. This continued in November, 2024 when he had to undergo a surgery. Before the 5th semester examination, it was only 60 per cent.
“We reiterate that the above rule could only cover a situation where in normal circumstances a student is absent and his attendance falls below 70 per cent. But this rule certainly does not cover extraordinary circumstances like illness or bereavement in a student's family, natural disaster, riot strife, political upheavals, other acts of God and so on which prevent a student or students from attending classes,” the Court noted.
The Court remarked that in such a case, this rule (Rules of Legal Education, 2008) would not apply. It was noted by the Court that the administrators of the college are to consider each case on its own merit.
“If they find that with the existing attendance the student has shown sufficient interest in and has adequate knowledge of the subjects in the semester and is otherwise diligent and of good conduct, he should be allowed to write the examination,” it said.
It was observed by the Court that had the student not been inflicted with gallbladder ailment, he would have maintained regular attendance and fulfils the above qualifying criteria.
“In that view of the matter, we direct that the attendance of the appellant/writ petitioner be treated as regular and that he be assessed in the 5th semester examination in regular course,” the Court directed.
Case Title: Shri Bamang Nabam v. NEHU & Ors.
Case No.: WA No. 74/2024