Case Note & Summary
The petitioners, students of SVKM's Narsee Monjee College of Commerce and Economics affiliated to the University of Mumbai, were denied examination forms for their respective courses on the ground that they had shortage of attendance as per the University's attendance requirements. The petitioners challenged this denial on the grounds that they were not given any prior notice or opportunity of hearing before the decision was taken, and that the attendance records were not properly maintained or communicated to them. The court examined the University's ordinances and regulations regarding attendance and found that while attendance requirements are valid, the denial of examination forms without affording an opportunity of hearing violates principles of natural justice. The court also noted that the right to education is a fundamental right under Article 21 of the Constitution of India, and that the University's action was arbitrary and unreasonable. The court allowed the petitions and directed the University to accept the examination forms and permit the students to appear for the examinations, subject to compliance with other requirements. The court also directed the University to frame a policy for giving notice and hearing to students before denying examination forms on the ground of attendance shortage.
Headnote
A) University Law - Attendance Requirement - Denial of Examination Forms - Natural Justice - The University of Mumbai and its affiliated colleges denied students the right to appear for examinations due to shortage of attendance without giving them an opportunity of hearing - The court held that such denial without affording an opportunity of hearing violates principles of natural justice - The court directed the University to accept the examination forms and permit the students to appear for the examinations (Paras 1-42).
Issue of Consideration
Whether the University of Mumbai and its affiliated colleges can deny students the right to appear for examinations solely on the ground of shortage of attendance without affording them an opportunity of hearing, and whether such denial violates principles of natural justice and the right to education.
Final Decision
The court allowed the writ petitions and directed the University of Mumbai and the college to accept the examination forms of the petitioners and permit them to appear for the examinations, subject to compliance with other requirements. The court also directed the University to frame a policy for giving notice and hearing to students before denying examination forms on the ground of attendance shortage.
Law Points
- Natural justice
- Right to education
- Attendance requirement
- University regulations
- Writ jurisdiction
