DIRECTOR/CONTROLLER OF EXAMINATIONS, NATIONAL COUNCIL OF HOTEL MANAGEMENT AND CATERING TECHNOLOGY AND ANOTHER Vs. SAHIR DHAMNIJA AND OTHERS

JUDGEMENT

(1.) THIS intra Court appeal is directed against the order of the learned Single judge permitting the Respondent -students of diploma course in Hotel Management in the 2nd Appellant -Institution, to appear at the supplementary examination inspite of their failure to fulfil the attendance requirement prescribed under the "Examination Rules of the National Council for Hotel Management and Catering Technology" (in short the 'Examination Rules').

(2.) UNDER the Examination Rules framed by the National Council for Hotel Management and Catering Technology (in short the 'National Council'), for being eligible to take the Council's examinations, a candidate was required to attend minimum 75% of the aggregate of all lectures, tutorial classes and practicals held and the head of the Institution has power only to condone shortfall of 10% under certain exceptional circumstances set out in the Examination Rules.

(3.) THE letter at Annexure 'E' Spells out that keeping in view the representation received from parents of one student of the Appellant -Institution, whose attendance had fallen short of the minimum requirement, the ministry thought that the Examination Rules should be reviewed so that for such shortfalls, complete one year of a student should not go waste. By setting the said background, in paragraph 2 of the said letter, the following instructions were issued to the Appellants. Pending such general review, it has been decided that for this year only without making it a precedent in any way, the Principal of the IHM -Bangalore, may be authorised to examine each case on merit, and decide the cases he considers deserving after taking into consideration all facts and using his objectives direction. For this purpose, he is authorised to use his discretion upto a maximum of another 10% beyond that he is presently authorised. If after such a review, any student is allowed to appear in the examination, an undertaking must be obtained from him to make good the deficiency in the next year by additional practical/theoretical classes failing which he may not be allowed to sit in the next year's examination. No other appeal against the decision of the Principal will be admissible.