ASRAR-UL-HAQ Vs. ALIGARH MUSLIM UNIVERSITY ALIGARH

JUDGEMENT

(1.) RAKESH Tiwari, J. Heard Counsel for the parties and perused the record.

(2.) THE petitioner claims that he was a regular student of class XI (Commerce) in Senior Secondary School (Boys) in Aligarh Muslim University, Aligarh. He had deposited fee for session 2004-05 for appearing in examination of class XI but due to illness and domestic problem he could not attend the class most of the days in the aforesaid session 2004-05. It is claimed that the petitioner has studied at home and has fully prepared the course but still the authority arbitrarily did not permit the petitioner to appear in the examination 2004-05 as such the father of the petitioner moved an application for permitting the petitioner to appear in the examination 2005-06 scheduled to be held w. e. f. 15-3-2006. Continuation certificate was not granted by the University. Representation was also made by the father of the petitioner for appearing his son in the examination 2005-06 but the University did not allow the petitioner to sit in the examination.

(3.) SMT. Sunita Agarwal, Counsel for the Aligarh Muslim University, Aligarh has urged that in all the courses of study a student must have put in at least 75% of the attendance whereas 80% of attendance is required in various courses of the faculty of medicine. She has relied upon the relevant rules as contained in Chapter XIX of the Ordinances (Academic) dealing with the examination in this regard which is as under- "2 (a) The Senior Secondary School Certificate Examination Part I shall be open to candidates who have undergone a regular courses of study for a period of one academic year in class XI at a school maintained by the University. The expression 'regular course of study' means that a student must have put in at least 75% of the attendance counted from the opening of the class. Provided that shortage of attendance up to 10% may be condoned in genuine cases by the Board of Secondary Education on the recommendation of the Principal of the School concerned. "