BIJOY KUMAR SINHA Vs. UNION OF INDIA

JUDGEMENT

(1.) Mr. Birbal Sinha, son of the petitioner took admission into the BHMS Course in the North Eastern Institute of Ayurveda and Homeopathy, Shillong in the year 2016. On 16-10-2017, respondent No. 2 informed the petitioner about the poor status of class attendance of Mr. Birbal Sinha whereupon he was disallowed from appearing in the main examination. Thereafter, fresh admission was taken by Mr. Birbal Sinha in the first year of BHMS Course in 2017 and again there was shortage of attendance in this year as well. The petitioner's son again took admission for the third time for the same course in the year 2018 and not being deterred by his previous conduct and there being no change in the behaviour of the student, the attendance again fell short of the required norms. On 16th July, 2019, the Controller of Examination, North Eastern Hill University issued the programme for the final examination of BAMS and BHMS First Professional Examination 2019 commencing from 09-09-2019 which will conclude on 23-09-2019. As the son of the petitioner again fell short of the regular attendance, therefore, the application form filled in by him was refused to be accepted by the respondent authority on account of low percentage of attendance and he was debarred from appearing in the final examination. This action of the respondents debarring the petitioner's son from appearing in the final examination has necessitated the petitioner to approach this Court seeking necessary direction under Article 226 of the Constitution of India.

(2.) Heard learned counsel for the petitioner and perused the writ petition and material placed on record. As noticed earlier, the son of the petitioner repeatedly has not been attending classes which is mandatory requirement. In a professional course, a student who is serious towards his studies alone should be allowed to pursue and take examination. In the present case, no reasonable/satisfactory explanation has been tendered by the petitioner for the shortage of attendance in this year.

(3.) I do not find any ground to interfere with the decision of the respondent authority in debarring the petitioner from appearing in the final examination scheduled from 09-09-2019 to 23-09-2019.