NIRIKSHA V. Vs. ST. JOSEPHS UNIVERSITY

JUDGEMENT

(1.) This writ petition is filed seeking for following reliefs:

(2.) Sri H.M. Muralidhar, learned counsel for petitioner submitted that on 16/6/2023, petitioner was admitted to BBA- SF Course by respondent - University. She was assigned Student Identification no.233BBASF13. It was submitted that First Semester Exams are commencing from 17/7/2023. It was submitted that petitioner regularly attended classes of all subjects. But, when respondent uploaded subjectwise attendance report for period from 18/7/2023 to 28/11/2023, petitioner was reported with shortage of attendance in two subjects viz., Financial Accounting and General English - 1. It was submitted that shortage of attendance noted was due to incorrect computation and also failed to take note of extreme circumstances when petitioner was prevented from attending classes on ground that her father was sick and admitted for treatment in PD Hinduja Sindhi Hospital, Bengaluru. It was firstly stated that Semester did not extend till 28/11/2023 and secondly, without noticing that occasionally when petitioner suffered delay in commuting and though attended classes, her presence was not marked as she joined classes after taking of attendance.

(3.) It was submitted that minimum attendance requirements stipulated under UGC (Minimum Standards of Instruction for Grant of First Degree through Formal Education) Regulations, 2003, framed by University Grants Commission, required attendance of 75% of total number of lectures, tutorials, seminars, practical and any other prescribed requirements, which would not mean that attendance has to be computed subjectwise, but overall. It was submitted that as per attendance report of petitioner at Annexure-D, overall attendance was 79.09%, whereas in two subjects i.e. Financial Accounting was 67.35% and General English - 1 at 63.64%, marginally short of requirement even if computed subjectwise. It was submitted that petitioner not being a chronic absentee, barring petitioner from pursuing II Semester Course and requiring her to repeat I Semester would subject petitioner to disproportionate hardship.