Legal Reference Library

In Namboothiri Trust Vs. Government, a student secures admission in a college, completes the first year, applies to the University for inter-college transfer and secures it; the college compels the student to pay liquidated damages for the loss of fee it suffers because of the student’s leaving the college mid-course. The Hon'ble Kerala High Court held that the college is justified in demanding and collecting the liquidated damages from the student.

The Supreme Court has ordered the Central Board of Secondary Education (CBSE) to “scrupulously” follow its 2011 judgment which had ruled that students have fundamental and legal right of having access to answer sheets under Right to Information Act, 2005. The Court was hearing an application under Section 12 of the Contempt of Court Act, filed by two law students, Mr. Kumar Shanu and Mr. Paras Jain, demanding that contempt proceedings be initiated against CBSE Chairman, Mr. YSK Seshu Kumar for “wilfully and deliberately disobeying” Court directions. “That it is ironical and astonishing that Respondent/Contemnor, being an Educational Institution responsible for educating a large section of the society, is blatantly flouting the law laid down by this Hon’ble Court,” the petition stated. The petitioners had brought to the Court’s notice information obtained under the RTI Act, whereby they were informed that the Board charges Rs. 700 per subject from students for providing a copy of their ...

The Patna High Court in All India Students Federation vs. State of Bihar, has observed that lack of adequate attendance must not be read as exclusive circumstance for debarring a student from taking his examinations and only when it is coupled with other circumstances, showing a general derelict behaviour, may be proper reason for debarring. The Court also directed the Principal of Patna Women’s College and Vice Chancellor of Patna University to condone the attendance shortage of all those students, who have inadequate attendance to the extent of 60%. These directions were issued by a Division Bench comprising of the Chief Justice I. A. Ansari and Justice Anjana Mishra on a writ petition by All India Students Federation. The Students Federation had alleged improper exercise of discretion by the Principal of the college in the matter of condoning the attendance shortage and usurping the jurisdiction vested in the Vice Chancellor by the Principal by deciding the condonation applications ...