Principle In order to be illegible to appear in the semester examination a student is required to nb...........

Legal Concepts Legal Reasoning

Principle: In order to be illegible to appear in the semester examination, a student is required to attend, under all circumstances, at least 70% of the total classes held in that semester as per University rules.

Facts: Anand, an economically poor but a very brilliant student of LL.B. final semester, while going to his University by cycle received some leg injuries in road accident. Consequently Anand could not attend his classes for one week as he was advised rest by his doctor for that period. Due to this absence from the University, Anand failed to have 70% attendance essential to appear in the examination and, therefore, he was debarred from appearing in the examination by the University authorities. Anand challenges this decision in the court of law.

Anand will succeed in the court of law as the accident was beyond his control

Anand will definitely get favour of the court on humanitarian ground as he comes from a economically poor family and may not afford to take readmission

Anand will not succeed as he could very easily fulfill eligibility criteria for appearing in the examination by being reasonably regular in the class throughout the semester.

Anand will succeed as requirement of 70% attendance may be declared arbitrary and, therefore, unreasonable by the court of law.

Explanation:

A margin of 30% has been provided to students for miscellaneous contingencies (as was the case here).
As per the university rules no student is allowed to appear in exams under any condition without attending minimum70% of classes.
Hence, Anand's challenge will fail.
The principle says “underallcircumstances.”