JASMINE V.G. Vs. KANNUR UNIVERSITY

JUDGEMENT

(1.) The petitioner is aggrieved with the fact that the petitioner is not permitted to appear for the second semester examination in the B.Ed. course, for reason of her having failed to attend certain classes, only due to her advanced stage of pregnancy. Admittedly, the petitioner had appeared only in 41 classes, out of the 93 in the second semester, i.e., less than 45%. The minimum required attendance for appearing in the semester examination is 75% of the total working days and the power to condone is limited to 6%, which power is conferred on the Vice Chancellor, on the recommendation of the Principal.

(2.) The petitioner admittedly is a B.Ed. student in the 4th respondent, affiliated to the 1st respondent University. The petitioner is undergoing the course spread over the academic years 2015 -2017. The petitioner had absented herself due to her advanced stage of pregnancy and hence the petitioner was short of attendance.

(3.) The petitioner having absented herself from the classes cannot be said to be equipped for participating in the examinations, as per the regulations. The regulations of the University specifically stipulate a minimum attendance in the lecture classes for appearing in the semester examinations and also stipulate the limit to which attendance shortage is condonable. In such circumstance, this Court would not issue directions against the specific regulations of the University, unless there are compelling circumstances to invoke the extraordinary jurisdiction under Article 226 of the Constitution of India.