Can't condone lack of attendance in classes - High court

New Delhi: Rejecting the petition of a student, barred from appearing in an examination for not having requisite attendance, Delhi High Court has maintained that it cannot condone the lack of attendance.

"The petitioner having admittedly not attended the minimum number of practical classes cannot be granted the relief of taking the exams," ruled Justice Rajiv Sahai Endlaw.

"If the students want to appear in the examination without attending the classes, they have the open schools and other institutes, not insisting upon attendance, available to them."

Once the student joins an institute where attendance is a must, they are bound to attend classes and if they do not do so, they are not entitled to any indulgence from this court, he said in a judgment delivered Monday but made available on Friday.

"In fact, the courts have gone to the extent of stating that attendance cannot be relaxed even on medical grounds," Justice Endlaw added.

The court was hearing a petition filed by a student of a one year diploma course in Morarji Desai National Institute of Yoga.

Appearing for the institute, advocate R.M. Bagai said, "It is not in dispute that as per the rules of the institute, the petitioner was required to attend, separately, minimum 80 percent of the theory and 80 percent of the practical classes."

"The rules further provide that students having attendance below 80 percent would not be eligible for appearing in the examination. Discretion to give benefit of 5 percent attendance on medical grounds has been vested in the competent authority of the institute," he added.

However, the petitioner's counsel V. Shekhar contended that she had 83 percent attendance in theory and 69 percent attendance for the practical classes.

He also submitted that his client was residing at a great distance from the institute and used to get late in reaching it for practical classes scheduled at 7 a.m. by about 10 to 15 minutes and thus her attendance was not marked.

"The petitioner was assured by all the teachers that notwithstanding her attendance having not been marked, she would not suffer," said Shekhar.

Rejecting the plea, Justice Endlaw said, "The photographs of the attendance sheets demonstrate that the attendance was not marked by the teacher but signed by the students themselves. It is contended that the very fact that the petitioner did not sign the attendance shows that she was absent in the class."

"The petition is dismissed with no order as to costs," he added. IANS