SREESHMA M.O. Vs. KANNUR UNIVERSITY

JUDGEMENT

(1.) Dated this the 14th day of July 2020 The petitioner is a 4th semester student of the B.Ed Course in Natural Secince in the Kannur Salafi B.Ed. College, which is affiliated to the 1 st respondent University.

(2.) It is the case of the petitioner that, she was precluded from attending the classes due to the complications related to her pregnancy. The petitioner was informed that her classmates were going on a college tour in the first week of March and that she need only rejoin classes on 09.03.2020. The petitioner submitted Exhibit P-5 letter to the 4th respondent to be forwarded to the 3rd respondent, seeking condonation of shortage of attendance. Considering the petitioner's claim to be genuine, the 4th respondent by Exhibit P-6 letter forwarded Exhibit P-5 to the 3rd respondent for approval. During this interregnum period, on 10.03.2020, the Government of Kerala ordered shutting down of all schools and colleges, due to COVID-19 pandemic. Thus, no further classes were held in the University. The petitioner had resumed her studies in the college from 09.03.2020. But, the next day, the college was closed. Had there been classes as scheduled, the petitioner would have secured attendance for the classes till 31.03.2020. Although Exhibits P-5 and P6 were sent to the 3rd respondent, there is inaction on the part of the 3 rd respondent. In the said circumstances, the petitioner seeks a direction to respondents 1 to 4 to condone the shortage in her attendance and permit her to appear for the examinations, which is to commence from 08.06.2020 onwards.

(3.) The Standing Counsel appearing for the 1 st respondent has filed a statement, inter aila, contending that Regulations of the 1st respondent University stipulates that a student pursuing B.Ed. programme has to secure a minimum of 80% attendance of the total working days in each semester. As per clause '9' of the B.Ed. Regulations, shortage of attendance up to 10% in each semester can be condoned by the 2 nd respondent-the Vice Chancellor of the University, on genuine grounds. The Regulations also stipulate that a student who does not have sufficient attendance and who was prevented from attending an examination may be re-admitted in the subsequent year as a term student, with the permission of the Principal of the college and the concurrence of the University.