Advertisements
Advertisements
Question
The question consists of legal propositions/principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion. Such principles may or may not be true in the real sense, yet you have to conclusively assume them to be true. In other words, in answering the following question, you must not rely on any principles except the principle that is given herein below for the question. Further, you must not assume any facts other than those stated in the question. The objective of this section is to test your interest in the study of law, research aptitude, and problem-solving ability.
Principle: In order to be eligible to appear in the semester examination, a student is required to attend, under all circumstances, at least 70% of the total classes held in that semester as per University rules.
Facts: Anand, an economically poor but a very brilliant student of LLB final semester, while going to his University by cycle received some leg injuries in a road accident. Consequently, Anand could not attend his classes for one week as he was advised to rest by his doctor for that period. Due to this absence from the university, Anand failed to have 70% attendance essential to appear in the examination and, therefore, he was debarred from appearing in the examination by the University authorities. Anand challenges this decision in the court of law.
Options
Anand will succeed in the court of law as the accident was beyond his control
Anand will definitely get the favour of the court on humanitarian ground as he comes from an economically poor family and may not afford to take readmission
Anand will not succeed as he could very easily fulfil eligibility criteria for appearing in the examination by being reasonably regular in the class throughout the semester
Anand will succeed as a requirement of 70% attendance may be declared arbitrary and, therefore, unreasonable by the court of law
Solution
Anand will not succeed as he could very easily fulfill eligibility criteria for appearing in the examination by being reasonably regular in the class throughout the semester
Explanation:
If we go through the principle, then it is clearly mentioned that attendance of 70% is mandatory to appear in the examination. Anand will not succeed, because he was advised to rest only for one week in the whole semester. If he was regular in attending the classes, he could have very easily fulfilled the eligibility criteria for appearing in the examination.