In plea against GU, HC allows student to take repeat exam
Margao: The high court of Bombay at Goa has directed a college to permit a Goa University student to appear for his first-semester repeat examination beginning April 7, even as it reserved a final ruling on whether he was eligible to do so under university ordinances.
A division bench of Justices Valmiki Menezes and Amit Jamsandekar passed the interim order in a writ petition filed by Narayan Anand Gawade against Goa University and his college, noting the urgency given the imminent examinations.
The bench directed that while Gawade must be allowed to write the papers, his answer sheets, once evaluated by the internal examiner, shall be kept in a sealed cover in the custody of the head of institution until further orders. Results will not be declared until the petition is finally decided.
The core contention is over an attendance shortfall. Under a provision of the university ordinance, students must maintain a minimum cumulative attendance of 75% in lectures and practicals in a semester. Goa University argued that a student falling short of this threshold in all subjects is not eligible for the repeat examination and must instead seek fresh registration and restart the first semester.
The court noted that a conjoint reading of the relevant provisions of the ordinance required detailed consideration in the factual context of this case.
The court made clear that if the petition is ultimately dismissed, Gawade will be required to seek fresh admission under the provisions of the university ordinance, and cannot claim any equities based on the interim relief granted.
The university has been directed to file an affidavit, and the petition has been listed for final hearing on June 10.
The bench directed that while Gawade must be allowed to write the papers, his answer sheets, once evaluated by the internal examiner, shall be kept in a sealed cover in the custody of the head of institution until further orders. Results will not be declared until the petition is finally decided.
The core contention is over an attendance shortfall. Under a provision of the university ordinance, students must maintain a minimum cumulative attendance of 75% in lectures and practicals in a semester. Goa University argued that a student falling short of this threshold in all subjects is not eligible for the repeat examination and must instead seek fresh registration and restart the first semester.
The court noted that a conjoint reading of the relevant provisions of the ordinance required detailed consideration in the factual context of this case.
The court made clear that if the petition is ultimately dismissed, Gawade will be required to seek fresh admission under the provisions of the university ordinance, and cannot claim any equities based on the interim relief granted.
The university has been directed to file an affidavit, and the petition has been listed for final hearing on June 10.
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