- (1.) RAKESH Tiwari, J. Heard Counsel for the parties and perused the record.
(2.) THE petitioner claims that he was a regular student of class XI (Commerce) in Senior Secondary School (Boys) in Aligarh Muslim University, Aligarh. He had deposited fee for session 2004-05 for appearing in examination of class XI but due to illness and domestic problem he could not attend the class most of the days in the aforesaid session 2004-05. It is claimed that the petitioner has studied at home and has fully prepared the course but still the authority arbitrarily did not permit the petitioner to appear in the examination 2004-05 as such the father of the petitioner moved an application for permitting the petitioner to appear in the examination 2005-06 scheduled to be held w. e. f. 15-3-2006. Continuation certificate was not granted by the University. Representation was also made by the father of the petitioner for appearing his son in the examination 2005-06 but the University did not allow the petitioner to sit in the examination. It is alleged that the University on the other hand, has discriminated the petitioner for some reason and on one hand has permitted the other students inspite of the shortage of attendance on the basis of extra curricular activities but has denied the petitioner to appear in the examination and that the career of the petitioner is being deliberately spoiled by the respondent-University, as such the petitioner has no other alternative remedy except to approach this Court. In the counter-affidavit the University has taken a stand that the petitioner was not allowed continuation in the academic session 2005-06 as such he can not be said to be a regular student of the University and that since the petitioner has failed to attain the minimum percentage of attendance for appearing in the examination, as such he was not allowed to appear in the examination during the session 2004-05. It is vehemently denied that the University has fixed different minimum percentage of attendance for appearing in the examination for different classes.
(3.) SMT. Sunita Agarwal, Counsel for the Aligarh Muslim University, Aligarh has urged that in all the courses of study a student must have put in at least 75% of the attendance whereas 80% of attendance is required in various courses of the faculty of medicine. She has relied upon the relevant rules as contained in Chapter XIX of the Ordinances (Academic) dealing with the examination in this regard which is as under- "2 (a) The Senior Secondary School Certificate Examination Part I shall be open to candidates who have undergone a regular courses of study for a period of one academic year in class XI at a school maintained by the University. The expression 'regular course of study' means that a student must have put in at least 75% of the attendance counted from the opening of the class. Provided that shortage of attendance up to 10% may be condoned in genuine cases by the Board of Secondary Education on the recommendation of the Principal of the School concerned. " In so far as attendance during participation in extra-curricular activities is concerned, it is stated that only if the student represents the University or go on educational tour with the permission of the University authorities, then the attendance for that period is counted and awarded to the said student and not otherwise. Copy of the relevant extract of the Ordinances (Academic), Chapter XIX relating to Senior Secondary School Certificate Examination has been appended as Annexure-CA-1 to the counter- affidavit.;