Author-Aditi Goyal, [NALSAR University of Law, Hyderabad]
The Meghalaya High Court pronounced a judgement providing relief to a law student who missed the last date to apply for her exams.
Yaken Dagiam, a student in Shilling Law College, who had cleared her four semesters, applied for her fifth semester exams after the due date. Her contention was that she abruptly received information about her grandfather falling ill due to which she has to rush to her hometown followed by she herself falling sick and being treated in Guwahati. She returned to her college on November 14, 2018 only to learn that the last date for filling up the examination form was November 8, 2018. She then applied for it after the due date and the university authorities rejected it.
The contention from the university’s side, argued by learned counsel, Mr. S. Sen was that her petition before the High Court should e dismissed because they faced difficulties in accepting her examination from because it was after the time schedule and this will disturb and interfere with the whole system which may give rise to opening the flood gate to indolent students.
Chief Justice Mohammed Yaqoob Mir stated:
But the question as to whether the petitioner is to be deprived of sitting in the examination when no other disqualification is forthcoming. The situation as had arisen was beyond her control. The typography of Arunachal Pradesh is known, petitioner claims to be residing in the remote area of Arunachal Pradesh, her grandfather was ill, she had to rush and then herself fell ill, under such circumstances, the University authorities are supposed to be a bit lenient so that the career of the petitioner is protected.
The judge, waiving off the objection raised by the university said, “True it is that there can be no leniency but when circumstances are beyond control, it would be travesty of justice to deny the prayer, to such type of candidate that too when there is no disqualification forthcoming. As an exceptional case, the respondent authorities shall entertain her examination form subject to other eligibilities.”
The Court then directed the authorities to allow the student to write the examination and subsequently clarifies that this case shall not be open to be quoted as a precedent.
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