UNIVERSITY OF CALCUTTA Vs. MANAS SARKAR

JUDGEMENT

(1.) All these four appeals and the stay applications arise from a common order, therefore, all these four appeals and the stay applications are disposed of by the common order. Two appeals and stay applications are from the Original Side and two appeals and stay applications are from the Appellate Side. The Appeal Nos. T. 334 and 336 of 2000 and stay applications being T.No. 333 and 335 of 2000 are from Original Side and appeals being MAT No. 869 and 870 of 2000 and stay applications being CAN No. 2274, and 2275 of 2000 are from the Appellate Side. In all these matters the sole question is that whether all the students who have not been able to secure 65% of the total attendance are entitled to appear in regular examination of LLB of 5 years duration or not. All the petitioners are students of 1st year, 2nd year, 3rd year, 4th year and 5th year and they are short of minimum required attendance i.e. 65%. Therefore, the matter was agitated by the students through their Union to the Faculty of Law as well as to the University for condonation of their attendance and to permit them to appear in the ensuing examinations of law for 1999.

(2.) There are two classes of cases one which is known as dis-collegiate students and the other is known as non-collegiate students. The distinction between the two classes is that dis-collegiate students are those candidates who have not even secured attendance of 55% and non-collegiate students are those who have secured 55% of the attendance and they have been given a grace of 10% attendance so as to enable them to appear in the examination. But the Syndicate of University by its resolution date 20th July, 1999 has declined to permit both these class of students to appear in the 1st, 2nd, 3rd, 4th and 5th year examination of LLB for the year 1999 who have failed to secure 65% of attendance and passed the following resolution: "That applications of candidates who are dis-collegiate as per rules, including those which had earlier been condoned by the Department on medical and other grounds, be regretted."

(3.) Therefore, all these students rushed to file a petition in this Court and Justice Amitava Lala by rder dated 23rd July, 1999 permitted the students to appear in the examination provisionally and directed the respondent university to issue admission card and permit them to appear in ensuing examination of 1999, however, the result of the students was withheld and directed the same shall not be published without the leave of the Court. Thereafter some more petitions were filed before another Judge Justice Samaresh Banerjea and both petitions were dismissed by the Hon'ble Judge by order dated 26th July, 1999, relying on the decision of the Apex Court, though it was brought to the notice of the learned Judge about the earlier order passed by Justice Amitava Lala, however, the learned single Judge felt that the interim order does not lay down any precedence and he was satisfied that relaxation of the minimum attendance cannot be permitted and consequently dismissed the writ petition by order dated 26th July, 1999. However, subsequently, the main writ petition filed by the petitioner Manas Sarkar, Ajoy Kumar Singhania, Debnath Ghosh and Amit Jalan came up for final disposal before Justice Lala and Justice Lala after hearing both the parties passed and order on 8th March, 2000 and directed the University to declare the results of all the candidates and accordingly allowed the writ petitions filed by the petitioners. Aggrieved against this order passed by the learned single Judge dated 8th March 2000 the University has preferred the aforesaid appeals.