Meghalaya HC Reprieve For Law Student Who Missed Last Date To Apply For 5th Semester Exams [Read Order]

Meghalaya HC Reprieve For Law Student Who Missed Last Date To Apply For 5th Semester Exams [Read Order]

“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 Meghalaya High Court has come to the rescue of a law student, a resident of remote area of Arunachal Pradesh, who missed the date for filling up the examination form.

Yaken Dagiam, a student in Shillong Law College, had cleared four semesters. Her case was that she suddenly received information about the illness of her grandfather, had to rush to hometown, then, she herself fell ill, was being treated in Guwahati, returned on 14 November 2018, to know that the last date for filling up the examination form was 8 November 2018. Though she applied for it after the due date, the authorities rejected it.

The university authorities resisted her petition before the high court contending that they had difficulties in accepting her examination form filled up after the time schedule as this will disturb the whole system which may give rise to opening the flood gate to indolent students.

However, Chief Justice Mohammad Yaqoob Mir observed: “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.”

Brushing aside the objections raised by the university in this regard, the judge observed: “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.”

Directing the authorities to allow the student to write the examination, the court clarified that this case shall not be open to be quoted as a precedent.

Read the Order Here