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The Calcutta High Court has directed St Xavier's University, Kolkata to allow a B.Com LLB student to clear her semester and proceed to subsequent semesters despite an attendance shortage, holding that delay in submitting a medical certificate cannot be treated as fatal where the student had genuinely suffered an illness.

Justice Jay Sengupta observed that the existence of a medical certificate issued by an independent medical professional would ordinarily have greater sanctity and held that a student suffering from illness could not be denied attendance adjustment merely on technical grounds relating to delay in submitting the required documents.

The Court was hearing a writ petition filed by Rhine Ghosh, a B.Com LLB (Hons.) student of St Xavier's University, who had challenged her debarment from the sixth-semester examination on account of insufficient attendance.

The petitioner had an attendance of 63.76% in the sixth semester, below the 65% threshold prescribed under the University's attendance regulations for B.A.-LLB and B.Com-LLB students seeking condonation. The University had consequently debarred her from appearing in the sixth-semester examinations.

Ghosh contended that her attendance had been affected by several circumstances, including chickenpox for which she was advised 14 days' isolation from February 6, 2024. She had also relied upon medical documents concerning gynaecological problems and the death of her father, which she said had caused financial and other difficulties.

The University, however, argued that the petitioner had failed to comply with the attendance regulations, which required a leave application within three days of absence and a medical certificate within 15 days of joining classes. It maintained that her attendance was below the 65% threshold and therefore her case did not fall within the zone of consideration for condonation.

The Court noted that the University's regulations required a minimum 75% aggregate attendance, while students of the B.A.-LLB and B.Com-LLB courses having attendance between 65% and 74% could seek condonation on grounds including illness or approved extracurricular activities.

At the same time, the Court examined the University's handling of attendance records after some students had raised concerns about inconsistent grant of condonation. The University produced records relating to students seeking medical leave, although the records were incomplete in certain respects. The Court nevertheless found substantial compliance in the maintenance of records and held that there was no specific allegation or concrete example of another student being unduly favoured that warranted further examination.

Justice Sengupta emphasised that attendance requirements could not simply be disregarded, particularly in a five-year integrated law course.

"Withholding of students from the next semester for lack of attendance cannot be a means to punish students, far less an end by itself," the Court observed, while stressing the importance of attendance for maintaining standards in legal education.

The Court, however, distinguished between extracurricular activities and genuine illness. It observed that while prior written permission for extracurricular activities could legitimately require strict compliance, the same approach could not necessarily be applied to medical illness.

"The furnishing of the medical certificate itself should be sufficient compliance of the requirement stipulated," the Court held, adding that delay by a student suffering from illness in submitting a leave application or medical certificate could not be treated as fatal.

The Court also took exception to the University's description of the petitioner's father's death as having only a "historical effect".

"It would be rather cruel to term it as a historical fact," Justice Sengupta observed, noting that the death and the consequent financial difficulties had to be considered in the context of the petitioner's circumstances. The Court observed that the University could have fairly treated her part-time acting assignments as an extracurricular activity in the circumstances.

The Court further held that the petitioner could not be denied attendance adjustment for the period during which she had been advised isolation for chickenpox merely because of delay in making the application.

"If she had complied with such direction, it was not only beneficial to her health, but also good for the students and the teachers," the Court said, adding that the authorities had erred in not allowing attendance adjustments on the basis of the serious medical grounds relied upon by the petitioner.

Allowing the petition, the Court directed that Ghosh should not be debarred from clearing the semester and moving to the next semester on the ground of inadequate attendance.

The University was further directed to publish all her examination results which had been kept unpublished and, if the papers had not yet been evaluated, to promptly evaluate them. The Court also directed that upon completion of the course, the petitioner be provided her certificates, mark sheets and other relevant documents without further delay.

The University's subsequent prayer for stay of the order was rejected by the Court.

Case: Rhine Ghosh Vs St. Xavier's University and other

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To Read the full text of the Order CLICK HERE