A law student of Shillong Law College who was disallowed to sit for the fifth semester examination for the LLB course of North Eastern Hill University (NEHU) today got a reprieve as the Meghalaya High Court directed the respondents to allow the appellant to sit for the examination commencing tomorrow, subject to the result of his appeal in the court.
Bamangnabam had appealed in the division bench of Chief Justice Indra Prasanna Mukerji and Justice Wanlura Diengdoh after his writ petition was recently dismissed by the single bench of Justice Hamarsan Singh Thangkhiew.
The Shillong Law College did not allow him to sit for the fifth semester examination for the LLB course NEHU under the Shillong Law College which will commence from tomorrow as he failed to attend 70 per cent of the classes held. Hence, NEHU has not issued any admit card.
Bamangnabam was hospitalised during the material period undergoing gallbladder surgery when his attendance dropped to 60 per cent.
During today’s hearing, the division bench was shown Rule 12 of the Rules of Legal Education, 2008 which is states that “no students of any of the degree program shall be allowed to take the end semester test in a subject if the student concerned has not attended minimum of 70 per cent of the classes held in the subject concerned as also the moot court room exercises, tutorials and practical training conducted in the subject taken together.
The rule also states that “provided that if a student for any exceptional reasons fail to attend 70 per cent of the classes held in any subject, the Dean of the University or the Principal of the Centre of Legal Education, as the case may be, may allow the student to take the test if the student concerned attended at least 65 per cent of the classes held in the subject concerned and attended 70 per cent of classes in all the subjects taken together. The similar power shall rest the Vice Chancellor or Director of a National Law University, or his authorised representative in the absence of the Dean of Law.”
The division bench of the High Court during the hearing observed that prima facie, it is the view that this rule is to be interpreted reasonably.
“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. Prima facie there is nothing to suggest anything against the merit of the student,” the court said.
As an interim order, the High Court directed NEHU and Shillong Law College to allow the appellant to sit for the examination commencing tomorrow, subject to the result of the appeal.
“All formalities like permission from the college or issuance of admit card by the university shall be done in course of the day on the basis of the written communication on the basis of this order by the learned Advocate-on-record for the appellant, counter signed by an officer attached to this court, in case the server copy of the order is not available,” the court said in its order while listing the appeal for hearing on February 19, 2025.
