SC declines challenge to Bombay HC order, no relief to Mithibai College students barred from sitting for exam

Written by
Omkar Gokhale
| Mumbai |

Up to date: August 1, 2020 3:54:43 pm

high court, bombay high court, supreme court, final exams, exams attendance, mithabai college, education newshigh court, bombay high court, supreme court, final exams, exams attendance, mithabai college, education news We aren’t inclined to intervene in these particular depart petitions (SLPs), the bench stated. (File Picture)

In an extra setback to a whole bunch of scholars of Mithibai Faculty in Mumbai, who had been barred by the faculty from writing exams attributable to lack of attendance, the Supreme Court docket of India on Friday dismissed the problem to the Bombay Excessive Court docket’s order. The Excessive Court docket had had earlier dismissed college students’ plea looking for permission to look within the semester examinations in March, this 12 months.

The Particular Go away Petitions (SLPs) discipline via advocate Vinay Navare stated that for earlier three semesters, college students with 50 per cent attendance had been allowed to look for exams and intention to alter this follow was by no means notified to college students. Nevertheless, Senior Counsel Milind Sathe and advocate SK Srivastav for the faculty stated that there was no suppression and a few college students succeeded earlier than the appellate panel headed by faculty principal, and the rule of minimal attendance was condoned by the faculty to 60 per cent.

A bench of Justices AM Khanwilkar, Dinesh Maheshwari, and Sanjiv Khanna of the highest courtroom on Friday dismissed two pleas filed by college students and stated, “We aren’t inclined to intervene in these particular depart petitions (SLPs). Dismissed accordingly.”

On March 12, a division bench of Justice RK Deshpande and Justice Prithviraj Okay Chavan handed an order after listening to a plea filed by 107 college students of Mithibai Faculty — an autonomous instructional establishment— who had been barred by the faculty via a discover issued in March, this 12 months. Total, the faculty had debarred round 550 college students from varied streams, together with arts, science and commerce, and self-financing programs.

The scholars didn’t fulfill the stipulated pointers of getting an total attendance of 75 per cent and 70 per cent attendance in every topic as per the Maharashtra Universities Act. The foundations stipulate that whereas total attendance may be condoned by 5 per cent and lowered to 70 per cent, attendance for every topic may be condoned as much as 65 per cent.

Final month, whereas listening to an identical plea, HC had expressed displeasure with Mithibai Faculty, for not disclosing that college students with 60 per cent attendance had been allowed to look for summer time exams when the faculty had asserted earlier than it throughout earlier listening to that minimal 70 per cent attendance for every topic was obligatory.

A division bench of Justice SJ Kathawalla and Justice Nitin R Borkar had on June 26 made the statement whereas listening to a plea by a scholar who had 58.9 per cent attendance within the fourth semester of BCom. In her plea, filed via advocate Harshad Bhadbhade, had acknowledged that the faculty had permitted college students with 59 per cent attendance to look for exams and promoted them to subsequent 12 months whereas debarring the petitioner.

Thereafter, the bench had granted time and liberty to the petitioner scholar to maneuver SLP earlier than the Supreme Court docket to problem the March 12 HC order. In view of high Court docket order, the HC on Friday disposed of a withdrawn plea filed by the scholar.

Referring to SC order, Mithibai Faculty Principal Rajpal Hande on Friday issued a media launch and acknowledged, “We on the Mithibai faculty don’t wish to impose attendance guidelines as punishment to the scholars. Ours is Autonomous Faculty offering talent based mostly aggressive curriculum. Subsequently, we really feel that college students should avail these educational privileges by attending lessons commonly.”

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