- (1.) THESE three special appeals arise out of common judgment passed by the learned Single Judge permitting the petitioner-respondent to appear in the remaining papers of B. Com. Part III examina tion being conducted by the appellant No. 1 subject to the order which may be passed by the Academic Council of Banars Hindu University.
(2.) THE question relates as to whether the student who is a regular student of Banaras Hindu University (in short the University) is entitled to appear in the examination when his requisite attendance is short as pres cribed under the Ordinance or Orders passed by competent authorities of the University and when his attendance is short, in what circumstances he shall be entitled to appear in the examination. THE University has issued an Ordinance governing admission, courses of study, examination and further matters relating to Bachelor of Hons. Degree Course under the Faculty of Commerce. Para 5 (a) of the Ordinance provides that a student shall be deemed to have pursued a regular course of study provided he or she has attended atleast 75% of the classes actually held in all the papers and also makes provision for condonation of shortage of percentage in attendance not exceeding 5% in each subject due to certain reasons mentioned therein. Paragraph 5 (c) provides that the Academic Council shall have power to condone the deficiency of attendance but only for cogent reasons. Para graphs 5 (a) and (c) read as under ; "5 (a) A student shall be deemed to have pursued a regular course of study provided he/she has attended at least 75% of the classes actually held in all the papers of his/her examinations provided the Principal/dean of the College/faculty concerned may con done shortage of percentage in attendance not exceeding 5% in each subject due one or more of the following reasons involving absence from classes ; (i) Participation in N. C. C. /n. S. S. /n. S. O. camps duly support ed by a certificate. (ii) Participation in University or College Team Games or r-State or Inter-University tournaments duly supported a certificate from the secretary of the University Athletic Association or President of the College/faculty Athletic Association concerned. (iii) Participation in Educational Excursions conducted on working days certified by the Principal/dean of the College/ Faculty or the Head of the Department. These excursions shall not include those organised for a class as a whole. No credit will be given for excursions conducted in holi days. University Deputation for Youth Festival certified by the Principal/dean of the College/faculty concerned. (v) Prolonged illness duly certified by the Medical Officer or the ( Superintendent S. S. Hospital of the Banaras Hindu University. . . . . . . . . . . . . . . . . . (c) The Academic Council shall have power to condone any deficiency of attendance but only for cogent reasons. " The factual back drop under which the petitioner-respondents were debarred from appearing in B Com. Hons. Examination may be briefly stated. All the petitioner-respondents are students of B. Com. Course. B. Com. Course is comprised of three years course with semester system of examination The S result of B. Com. Part II Examination was declared on 12th January 1996 The petitioner-respondents were admitted to third year course on 18th January 1996. The academic session was closed on 30th 1996. The Respondents had submitted their examination form for in the third year examination on 17th April, 1996 which was to from 9-5-1996. The Admit Card for appearing in the examination was to be issued on 8th May, 1996. On the said date the petitioners were not issued Admit Cards on the ground that there was shortage of attendance. S. V. Gupta filed writ petition No. 16875 of 1996 on the allegation that his attendance was in fact, not short. He had attended the classes and secondly ha was not informed of the shortage of attendance prior to 8th May and which has caused prejudice to him Anurag Singh filed writ Son No 17182 of 1996 He also denied that there was shortage of attendance. In paragraph 6 of the writ petition a further stand was taken that there were various irregularities in taking classes by lecturers and taking attendance by them. V. K. Sharma filed writ petition No. 17336 of 1996 further claiming the benefit of condonation of shortage of percentage in the attendance to the extent of 5% in each subject as provided under Para 5 (c) of the Ordinance, referred to above. The learned Single Judge took the view that the petitioners were deprived of the opportunity of approaching the Academic Council by not being informed about the deficiency in attendance in time and these petitioners have a right to make a representation in accordance with Para 5 (c) of the Ordinance and permitted to appear in the examination subject to the order which may be passed by Academic Council. The appellants have filed special appeals against the order of learned Single Judge.
(3.) WE have heard Sri V. B. Upadhyaya, learned counsel for the appellants and S/sri Sidheshwari Prasad, Aditya Marain and Amarjit Singh, Advocates for the respondents. The main thrust of the submission of learned counsel for the appel lants is that the petitioner- respondents were not entitled to appear in the examination as there was shortage in the attendance as prescribed by the Academic Council in its meeting dated 26th April, 1996. It decided that the minimum percentage of attendance shall be fixed at 60% and there was no scope to condone the deficiency in the attendance. The decision of the Academic Council was also approved by the Executive Council in its resolu tion dated 30th April, 1996. A copy of the minutes of the meeting of the Academic Council has been annexed as Annexure-2 to the affidavit accom panying the stay application which reads as under : " (7) Considered the minimum attendance requirements in respect of the students appearing in the various examinations of the University during the session 1995-96. After a good deal of discussions, it was resolved that it be recom mended to the Executive Council that- (i) the minimum attendance required for appearing at various examinations of 1996 under all the Faculties excepting the Faculty of Law and Institute of Medical Sciences, be fixed at 60 per cent. ";