Case Note & Summary
The petitioner, Sanchita Sunil Bhadani, a student of the Engineering Course in Information Technology at Ramrao Adik Institute of Technology (Respondent No.1), filed a writ petition under Article 226 of the Constitution of India seeking a mandamus to allow her to appear for the viva voce and written examinations of the sixth semester. The petitioner had less than 75% attendance, and the college refused to allow her to appear, citing Ordinance 0.2604 of the University of Mumbai which requires minimum 75% attendance. The petitioner argued that the attendance requirement is directory and that the college has the power to condone shortage up to 15%. The court, after hearing arguments, held that the attendance requirement is directory, not mandatory, and that the college must consider the petitioner's case for condonation. The court directed the college to allow the petitioner to appear for the examinations if she meets other criteria, and to declare results accordingly. The petition was disposed of with these directions.
Headnote
A) University Law - Attendance Requirement - Directory vs Mandatory - Ordinance 0.2604 of University of Mumbai - The court examined whether the requirement of minimum 75% attendance is mandatory or directory. Held that the requirement is directory, not mandatory, and the college has power to condone shortage of attendance up to 15% as per the Ordinance. The court directed the college to consider the petitioner's case for condonation and allow her to appear for exams if she meets other criteria (Paras 1-10).
Issue of Consideration
Whether the requirement of minimum 75% attendance under Ordinance 0.2604 of the University of Mumbai is mandatory or directory, and whether the petitioner can be permitted to appear for the examinations despite having less than 75% attendance.
Final Decision
The court held that the attendance requirement is directory, not mandatory. The court directed the college to consider the petitioner's case for condonation of attendance shortage and allow her to appear for the examinations if she meets other criteria. The petition was disposed of accordingly.
Law Points
- Attendance requirement directory
- not mandatory
- Ordinance 0.2604
- Article 226
- writ of mandamus
- academic year
- condonation of shortage
- University of Mumbai
Case Details
WRIT PETITION NO.4401 OF 2016
S.C. Dharmadhikari, G.S. Kulkarni
Mr. Mukesh Vashi (Sr. Counsel) with Mr. Yatin Shah and Mr. Harsh Shah for Petitioner; Mr. Neel Helekar for Respondent No.1; Ms. Ujwala Sawant i/b Mr. R.V. Govilkar for Respondent No.2; Mr. Mohammed Asadullah Shaikh i/b Mr. Rui Rodrigues for Respondent No.3; Ms. Sushma Bhende (AGP) for Respondent No.4
The Principal, Ramrao Adik Institute of Technology; Maharashtra State Board of Technical Board; University of Mumbai; Directorate of Higher and Technical Education, State of Maharashtra
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Nature of Litigation
Writ petition under Article 226 seeking mandamus to allow student to appear for examinations despite attendance shortfall.
Remedy Sought
Petitioner sought direction to allow her to appear for viva voce and written examinations of sixth semester, declare results, issue mark sheets, and allow her to continue studies in seventh and eighth semesters.
Filing Reason
Petitioner was denied permission to appear for examinations due to less than 75% attendance, which she contended was not mandatory and could be condoned.
Issues
Whether the attendance requirement of 75% under Ordinance 0.2604 is mandatory or directory.
Whether the petitioner is entitled to appear for the examinations despite having less than 75% attendance.
Submissions/Arguments
Petitioner argued that the attendance requirement is directory and the college has power to condone shortage up to 15%.
Respondents argued that the requirement is mandatory and the petitioner did not meet the criteria.
Ratio Decidendi
The requirement of minimum 75% attendance under Ordinance 0.2604 is directory, not mandatory. The college has the power to condone shortage of attendance up to 15% and must consider the student's case for condonation.
Judgment Excerpts
The petitioner who is a student of the Engineering Course in the faculty of Information and Technology... has filed this Petition under Article 226 of the Constitution of India, seeking a writ of mandamus...
The court held that the attendance requirement is directory, not mandatory, and the college has power to condone shortage.
Procedural History
The petitioner filed a writ petition on an urgent basis before the Bombay High Court. The court reserved judgment on 15th April 2016 and pronounced it on 18th April 2016.
Acts & Sections
- Constitution of India: Article 226
- Maharashtra Universities Act, 1994:
