DIRECTOR CONTROLLER OF EXAMINATIONS NATIONAL COUNCIL FOR HOTEL MANAGEMENT AND CATERING TECHNOLOGY NEW DELHI Vs. SAHIR DHAMNIJA

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 in spite 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.) ADMITTEDLY, as even found by the learned single Judge, attendance of respondent-students was much below even 65% and as such even head of the institution could not have permitted them to appear at the final examination. But, still the learned single Judge under the impugned order has permitted the respondent-students to appear at the supplementary examination by taking into consideration the letter dated 7-4-1998 (Annexure 'e' to the writ petition) written by the Additional Director General (Tourism), Department of Tourism, Government of India.