Meghalaya High Court: NEHU law student granted interim relief to appear for 5th-semester exam

The Meghalaya High Court has granted interim relief to a law student of Shillong Law College, allowing him to appear for the fifth semester LLB examination of North Eastern Hill University (NEHU), scheduled to commence tomorrow. 

The student had been barred from sitting for the exam due to insufficient attendance.

The student filed an appeal before the division bench comprising Chief Justice Indra Prasanna Mukerji and Justice Wanlura Diengdoh after his writ petition was dismissed by a single bench led by Justice Hamarsan Singh Thangkhiew.

The college had earlier disallowed the student from appearing for the examination as he failed to meet the minimum 70% attendance requirement, with his attendance dropping to 60%. 

The shortfall occurred during a period when he was hospitalized and undergoing gallbladder surgery. Consequently, NEHU declined to issue his admit card.

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The High Court reviewed Rule 12 of the Rules of Legal Education, 2008, which mandates a minimum of 70% attendance for students to appear for end-semester examinations. The rule includes a provision allowing students with exceptional reasons, such as illness, to appear for exams if they have at least 65% attendance in a subject and 70% across all subjects, with the approval of relevant authorities.

The court noted that the rule should be interpreted reasonably. It stated, “When it is possible for the student to attend classes and he deliberately or negligently does not do so, the rule would apply. In cases of impossibility created by illness, act of God, etc., this rule is either not to be applied or to be liberally construed, so that the student’s overall performance and conduct are compassionately considered.”

In its interim order, the High Court directed NEHU and Shillong Law College to allow Bamangnabam to sit for the examination while reserving the final decision pending the appeal. It instructed all formalities, including issuing the admit card, to be completed immediately based on the court’s order.

The case has been listed for further hearing on February 19, 2025.