By Our Reporter
SHILLONG, Dec 5: The High Court of Meghalaya on Wednesday prevented a fifth-semester LLB student from Shillong Law College from losing a semester due to a shortage in attendance. The student, who had 60 per cent attendance—10 per cent short of the Bar Council of India’s mandated 70 per cent—was debarred from appearing in the odd-semester examination despite citing medical reasons.
The student had been hospitalised and undergone surgery, which contributed to his inability to meet the attendance requirement.
After his requests for attendance condonation were rejected by the college, the student filed a writ petition in the High Court. While initially dismissed, the student pursued an appeal before the Division Bench of the High Court, comprising Chief Justice IP Mukerji and Justice W. Diengdoh.
In their ruling, the bench allowed the student to sit for the examination, stating that rules should be strictly interpreted under normal circumstances but liberally construed in exceptional cases like illness or an act of God.
“When it is possible for the student to attend classes and he deliberately or negligently does not do so, the rule would apply. In case of impossibility created by illness, act of God, etc., this rule is either not to be applied or to be liberally construed, so that taking into account the overall performance of the student and his conduct, his case for being allowed to write the examination is compassionately considered,” the Court observed.
The Division Bench issued an interim order, directing North-Eastern Hill University (NEHU) and Shillong Law College to allow the student to sit for the examination, which commences on Friday.
The court instructed that all formalities such as permission from the college or issuance of admit card by the University shall be done in course of the day.