MUMBAI: In a setback for 107 students of Mithibai College at Vile Parle (West), the Bombay high court on Thursday dismissed their petition to direct the college authorities to allow them to appear for the summer examinations due to their poor attendance record.
"It is not possible for us to compromise with the attendance discipline," said a bench of justice Ravi Deshpande and justice Prithviraj Chavan who heard their petition.
The college, which is an autonomous institution, has debarred 550 senior college students from arts, commerce, science and self-financing courses. They were to appear for the second, fourth and sixth semesters examinations which commences from Friday.
According to attendance rules, a student has to have 75 per cent overall attendance and 70 per cent in each subject. The students' lawyer Swapna Kode argued that they had attendance between 50 to 60% and that the college principal had condoned the attendance of those between 60 to 65%. She also claimed that the students were informed "mid-term" in August 2019 about the attendance requirement.
Justice Deshpande questioned, "What is the basis of your claim for condonation?"
Kode said,"Till today, if at all under 50%, the principal from case to case basis allowed students to appear."
She urged to allow the students to appear for the exams and keep their results in abeyance till final disposal of the petition.
However she was countered by the lawyer appearing for the college who said the handbook and prospectus clearly contains the rules of attendance requirement. He said in June 2019, an undertaking was given by the students as well as their parents and guardians on adherence to the attendance.
He said the college put up various notices starting from November 2019 and also sent messages to parents and guardians about the short attendance and informing that their children are in the defaulters list.
"On a monthly basis, attendance is communicated by SMS and put on the website. People have not been attending nearly half of the lectures. The college has done everything it could do," he added.
"It is not possible for us to compromise with the attendance discipline," said a bench of justice Ravi Deshpande and justice Prithviraj Chavan who heard their petition.
The college, which is an autonomous institution, has debarred 550 senior college students from arts, commerce, science and self-financing courses. They were to appear for the second, fourth and sixth semesters examinations which commences from Friday.
According to attendance rules, a student has to have 75 per cent overall attendance and 70 per cent in each subject. The students' lawyer Swapna Kode argued that they had attendance between 50 to 60% and that the college principal had condoned the attendance of those between 60 to 65%. She also claimed that the students were informed "mid-term" in August 2019 about the attendance requirement.
Justice Deshpande questioned, "What is the basis of your claim for condonation?"
Kode said,"Till today, if at all under 50%, the principal from case to case basis allowed students to appear."
She urged to allow the students to appear for the exams and keep their results in abeyance till final disposal of the petition.
However she was countered by the lawyer appearing for the college who said the handbook and prospectus clearly contains the rules of attendance requirement. He said in June 2019, an undertaking was given by the students as well as their parents and guardians on adherence to the attendance.
He said the college put up various notices starting from November 2019 and also sent messages to parents and guardians about the short attendance and informing that their children are in the defaulters list.
"On a monthly basis, attendance is communicated by SMS and put on the website. People have not been attending nearly half of the lectures. The college has done everything it could do," he added.
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