The Karnataka High Court has dismissed a petition filed by a student of National Law School of India University seeking evaluation of his project work and promotion to third year of the B.A. LLB (Hons) Course, despite low attendance.
Justice Krishna Dixit while dismissing the petition filed by one Madhav Miturka remarked, "The attendance of the petitioner in this 'Premier Law School' is too short to be little; this indisputable statistical data militate against his claim for the grant of equitable relief in writ jurisdiction."
The Petitioner sought benefit in terms of Regulation 6 of B.A. LL.B (HONS.) Academic and Examinations Regulations, which provides for condonation of attendance shortage.
The Court however declined any relief while noting that the University had informed the Petitioner about shortage of his attendance in September, 2019. It said,
"In terms of this Regulation, the case of the petitioner having been considered by the University at different levels, has been rejected; such a decision by its very nature cannot be subjected to a deeper examination at the hands of the Writ Court, even if arguably some legal or factual lacuna as sought to be made out by the learned counsel for the petitioner is discovered."
"Shortage of attendance especially in a Law Course conducted by the prestigious Law School like the respondent herein is a serious matter which does not much admit the argument of "humanitarian grounds"; the same being de hors the legal scheme; the leniency if shown by the Writ Court in such cases will have the risk of abundant abuse potential."
The Bench has asked the University to refund the amount of fees it has accepted from the petitioner on the assumed promotion to the next level of the Course, within two weeks.
Cause Title: MADHAV MITURKA And THE VICE CHANCELLOR, THE NATIONAL LAW SCHOOL OF INDIA UNIVERSITY.
Case NO: WRIT PETITION NO. 10721 OF 2020
Coram: JUSTICE KRISHNA S.DIXIT
Appearance: Advocate SIDDARTH BABURAO, a/w Advocate VIJAYA RAGHAVA SARATHY H M, for petitioner.