AYESHA SHAHID Vs. UNIVERSITY OF CALCUTTA

JUDGEMENT

(1.) IN this Writ Petition 19 (nineteen) Writ Petitioners have joined together with a prayer that the Respondents be directed to allow them to fill up the forms pertaining to B.A. Part-II Examinations of 2011. They have also prayed for setting aside the 3rd list published on 14/12/2011 to the extent it disqualifies them to appear in the said Examinations. They also pray that the University be commanded to extend the time for filling up the forms as a ?special case? by relaxing the last date and not to discriminate as against the Petitioners.

(2.) THE petitioners claim to be regular students of Milli Alalmeen College (for Girls). THEy are students of the B.A. Part-II Course and they were found fit and eligible to participate in the B.A. Part-II Pass/Honours Examinations for the year 2011. THEy have stated that they have a common cause of action and therefore, they have joined in one Writ Petition. According to the petitioners, after the Test Examinations were over, in which they had participated and performed well, they were shocked to note from a Notice of the College being the IIIrd List, that they had been disqualified to appear in the said B.A. Part-II Examinations for 2011. THEy have stated that those who had failed in more than one honours or general subject, and those who were not sent up for the said Examinations, were mentioned in the 3rd list and the names of the Petitioners appeared therein also. Annexure P-1 is the said 3rd list. According to the Petitioners, it would be appear from the 3rd list that the Petitioners were mainly disqualified on the ground of less percentage of attendance and some, were however shown to have failed in some of the subjects. However, the Petitioner nos. 1,2,3,5,6,9 and 11 were disqualified because of low attendance although they had been regularly attending the College. THEre were however, some minor lapses in their attendance.

(3.) THE Petitioners filed a Representation dated 17/3/2011 addressed to the Teacher-in-Charge, vide Annexure P-2, wherein they stated that they were regularly present but the Teacher refused to take classes on one pretext or the other saying that they should not worry with their attendance as the same would be given before being sent up. Sometimes attendance was taken on loose-sheets of paper with an assurance that they would be duly marked in the attendance register. In spite of the aforementioned representation having been filed on 17/3/2011, no action was taken but the four students, named above, viz. Nahid Kauser, Shadmana Naushad, Uzma Sultana and Shamima Khan were allowed to fill up the Registration Forms for B.A. Part-II Examinations.