MU's highest authority too can't relax 50% attendance rule: HC

MUMBAI: The Bombay High Court has held that the Mumbai University's ordinance mandating a minimum 50 in line with cent attendance used to be within the hobby of scholars and thus, even the absolute best authority within the university had no energy to allow any undue leisure within the rule.
In the order handed on Thursday, a bench of justices B R Gavai and B P Colabawalla additionally held that the discretionary powers over students' attendance used to be vested most effective with the schools' respective attendance committees and their principals and that the university cannot declare to be the "supreme appellate authority" in such instances.

The bench used to be listening to a petition filed in opposition to the Mumbai University's complaint cellular by a college in Kandivli.

The petitioner, B K Shroff College, had alleged that the university's cellular didn't take strict action in opposition to the attendance defaulters and that it incessantly allowed such students, who didn't have the minimum requisite attendance, to seem for assessments.

The petitioner alleged that during March 2017, about 100 commerce students had been barred from appearing for his or her 2nd semester assessments since that they had lower than 50 in line with cent attendance.

Thirty-eight of these students had approached the university's complaint cellular (commerce) and it asked the school to allow the defaulters to take the assessments even though that they had lower than 50 in line with cent attendance.

The university's ordinance on students' attendance mandates that every scholar maintains 75 in line with cent attendance. However, the school principals have the power to condone deficiency in attendance up to 25 in line with cent, if the deficiency is on account of bonafide exigencies, and used to be licensed by the school attendance committee.

The university's recommend, advocate Rui Rodrigues, alternatively, told the prime court docket that the university's complaint cellular intervened and granted reduction to the students only if it used to be convinced that the relief used to be a hard-earned one.

"The ordinance is made by the university itself so the university is the ultimate appellate authority and can have the power to use its discretion on a case-to-case basis," Rodrigues stated.

He additionally cited a prior judgement of any other bench of the prime court docket that had granted reduction in a an identical case after keeping that the university used to be the ideal appellate authority when it came to academic disputes.

The bench, alternatively, rejected the above argument.


"A strict view on attendance will have to be maintained within the better hobby of no longer most effective the scholar, but additionally of the institution or university. The ordinance is meant to offer protection to the hobby of the state and it can't be carried out haphazardly. Even the absolute best authority within the university has no energy to allow any undue leisure within the rule.


"We cannot accept the argument that the university is the ideal appellate frame. Any leisure in case of bonafide exigencies may also be granted most effective by the school committee and the principal and even then a scholar will have to have minimum attendance of 50 in line with cent," the bench stated.


"A scholar cannot do effectively unless he or she attends classes and follows the foundations of his or her institute. The university will have to remember that it is the protector or custodian of the academic hobby of the students," the bench stated.


On a prior listening to, the HC had directed the school to declare its results and permit the students to continue within the third semester once they gave an undertaking declaring they might maintain 75 in line with cent attendance in long run.
MU's highest authority too can't relax 50% attendance rule: HC MU's highest authority too can't relax 50% attendance rule: HC Reviewed by kailash soni on February 11, 2018 Rating: 5
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