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- The colleges committee is of opinion that discretion power regarding attendance only lies with the college principal and committee and not with Mumbai University.
- Bombay High Court has upheld Mumbai University’s ordinance that makes 50% average attendance mandatory.
The Bombay high court announced that the Mumbai University’s ordinance that makes 50% average attendance mandatory. As per the Bombay High court, it is in the interest of the students and even the highest authority of university cannot allow any sort of relaxation in it.
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In the year 2017, the college barred 100 students of commerce stream, with less than 50% attendance from appearing in the second-semester exams. The exam cell was approached by 38 students who were barred from appearing in the second-semester exams. The ordinance regarding attendance states that students must have 75% attendance. However, the college principle can allow up to 25% deficiency if its due to bona fide exigencies and the same is approved by the college committee. But as per the university’s advocate, the ordinance regarding attendance is made by the university, and it is the only ultimate authority and can use its discretion as per case to case.
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Whereas, the judges disagreed with this and stated that such discretionary power lies only with the college’s principal. and it's attendance committee. University cannot claim itself to be the supreme authority and take a decision on the behalf of the college. As per the bench head Bhushan Gavai, any relaxation in case of bona fide exigencies can only be granted by the college committee and the principal and students must have minimum attendance of 50 %.
