Bombay High CourtWP/16724/2025disposed off

Kum Jennifer John v. Symbiosis International (Deemed Unversity) And ANR

2025-12-11Hon'Ble Shri Justice Ravindra V. Ghuge , Hon'Ble Shri Justice Ashwin D. Bhobe12 pages

Digitally signed by GAURI AMIT GAEKWAD Date:

2025.12.12 11:17:44 +0530 GAURI AMIT GAEKWAD

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.16724 OF 2025 Jennifer John ....Petitioner

Versus

Symbiosis International (Deemed University) & Ors.

....Respondents ---- Ms. Subra Karmakar for the Petitioner.

Mr. Aditya Pimple a/w. Mr. Aakash Joshi, Mr. Ravi Bharadwaj, Mr. Amarjit Prasad and Mr. Gaurav Kumar (through video conferencing) for Respondent Nos.1 and 2.

---- CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.

DATE : 11th DECEMBER, 2025 P.C. :- 1.

We have heard the learned Advocate for the Petitioner and the learned Advocate appearing for the Deemed University. 2.

The dates and events tendered by the learned Advocate for the Deemed University, are reproduced verbatim, as under : LIST OF DATES Sr.

No.

Date Event Exhibit 1.

01.07.2025 The Class for Batch 2022-2027 Exhibit B for the Academic calendar for Pg: 23 the academic year 2025-2026 Para 3/Pg.4 commenced.

Petition

NOTE:

 As per Examination Rules of University, minimum aggregate 75% attendance is required for a student to be eligible to appear for Semester Examination. [Para 13 (Reply)]  If a student does not have aggregate 75% attendance, he/she is awarded Term Not Granted ('TNG'), meaning Student is not allowed to appear for regular semester examination but can appear as Backlog Examination in the same year so that her Academic Year is not wasted. [Para 14 (Reply)]  TNG is further divided in Court Granted or Course Not Granted. University may consider a student not having aggregate

75% attendance, but possibly having more than 75% attendance in some subjects, he/she is allowed to appear for that subject. [Para 15 (Reply)]  Petitioner's Attendance for 7th Semester has been an aggregate of only 52%.

[Paras 15-16 (Reply)] 2.

04.08.2025 Petitioner has attached medical Exhibit D 11.08.2025 certificates showing that she Pg: 25-26 25.08.2025 was suffering from chronic Exhibit E asthma with bronchitis.

Pg: 27-28 Exhibit F NOTE:

Pg: 29-30  No such Medical Records Para 5/Pg.5 were contemporaneously Petition submitted by the Petitioner asking for relaxation from Attendance Rules.

 Exhibit D covers the gap period from 04.08.2025 to 08.08.2025,  Exhibit covers 11.08.2025 to

14.08.2025,  Exhibit covers 25.08.2025 to 29.08.2025.

18.09.2025 The Deputy Director of Exhibit C Respondent No. 2 issued an Pg:24 email addressing students to Para 4/Pg.4 maintain at least 75% attendance up to 15.10.2025 4.

14.10.2025 An email was sent by Exhibit G Respondents informing that due Pg: 31 to low aggregate attendance, the Para 7/Pg.6 Petitioner was placed in TNG/CNG, and informing her that she may appear before the Committee for Redresseal of Concerns ('CRC') on 15.10.2025.

NOTE:

Petitioner did not appear before the CRC on 15.10.2025.

15.10.2025 Petitioner did not attend CRC.

Para 9/Pg.7 Her parents sent her undertaking through a friend, who submitted it on her behalf to the Committee.

16.10.2025 Petitioner addressed an email Exhibit I claiming that on 12th October

2025, she had collapsed due to Pg: 33 health reasons and had to leave campus on 13th October 2025, because of which she was unable to appear before the CRC, and asking for consideration in regularising attendance for 13th, 14th and 15th October and 3rd October which she had missed due to Student Council Interviews.

NOTE: Even on this date, Petitioner had indicated that her difficulty only for 4 days.

26.10.2025 The Petitioner emailed the 2nd Exhibit J Respondent explaining her Pg:34 medical condition and her Para 11/Pg.8 inability to appear before the Committee in person.

27.10.2025 A Medical Certificate produced Exhibit H by Petitioner relating to the Pg: 32 Petitioner's collapse due to Para 8/Pg.6 Syncopal Attack on 12.10.2025, issued by Symbiosis Centre of Health Care (SCHC).

27.10.25 The 2nd Respondent replied, Exhibit K asking the Petitioner to submit Pg: 35-36 supporting medical documents

to substantiate her emergency.

Para 11/Pg.8 10.

03.11.25 The 2nd Respondent emailed Exhibit L the Petitioner informing her that Pg: 37 she has been placed in CNG Para 12/Pg.8 (Course Not Granted) for two subjects- Corporate Law Practice and Civil Law Practice.

NOTE:

 As an exception, Respondent permitted her to appear in 6 out of 8 Courses to be conducted between 10th November to 29th November 2025 as a one time humanitarian concession, where attendance was more than 50%, but where attendance was lower than 50%, she was granted CNG. [Para 19 (Reply)]  For 2 Subjects for which she was granted CNG, she could appear for backlog exams and would not miss the year. [Para

19 (Reply)] 11.

10.11.2025 VII Semester BBA LL.B.

Exhibit M - examination were conducted.

Pg: 38 29.11.2025 Para 12/Pg.9 NOTE:

Petitioner did not appear even for the 6 papers she was allowed to with no prior information/communication about her absence from the exams.

12.

07.11.2025 Petitioner has sought to produce Exhibit N 14.11.2025 Medical Certificates diagnosing Pg: 39-40 25.11.2025 Vertigo.

Exhibit O Pg: 41-42 NOTE:

Exhibit P  There was no Pg: 43-44 contemporaneous Para 13/Pg.10 communication of these Medical Certificates seeking exemption from appearing for the 6 papers.

 Exhibit N covers the period from 07.11.2025 to 14.11.2025  Exhibit O covers 14.11.2025 to 24.11.2025  Exhibit P covers 25.11.2025 to

30.11.2025.

13.

03.11.2025 Judgment passed by the Hon'ble Para Delhi High Court in Court on 14/Pg.10 its Own Motion in Re: Suicide Committed by Sushant Kohilla, Law Student of I.P. University, W.P.(CRL) 793/2017.

Directions with respect to Grievance Redressal Committees and Mandatory attendance were issued.

14.

17.11.2025 The 1st Respondent University Exhibit Q issued a Notice announcing rePg: 45 examinations for Semester VII Para pursuant to the above judgment.

14/Pg.10 15.

25.11.2025 The 2nd Respondent issued an Exhibit R email regarding the rePg: 46-49 examinations and released the Para timetable for the same.

14/Pg.10 16.

27.11.2025 Petitioner addressed an email Exhibit T was the first time informing the Pg: 52-53 Respondent No.2 that she could Para not appear for the 6 15/Pg.11 examinations she was allowed to because of medical reasons, and referring to the decision of the Hon'ble Delhi High Court and requesting to be permitted

to appear in all 8 exams.

17.

29.11.2025 2nd Respondent addressed an Exhibit T email noting that the Pg:53-54 Petitioner's attendance in Para Semester VII was significantly 15/Pg.11 low, 2nd Respondent had extended considerate relaxation and permitted to appear for 6 subjects retaining CNG for 2 subjects.

However, that opportunity was also not availed off. Therefore, it was communicated that she would be allowed to appear for two CNG courses only.

18.

10.12.2025 Special Examinations are Exhibit S - scheduled between 10/12/2025 Pg: 50-51 23.12.2025 to 23/12/2025 where for two Para Examinations Petitioner is 14/Pg.11 entitled to appear.

NOTE:

Petitioner can still appear for the 6 papers of VII Semester as backlog papers and her year would not be wasted.

[Para 25 (Reply)]

The learned Advocate appearing for the Deemed University, has also tendered an affidavit in reply dated 10th December, 2025. The same is taken on record. 4.

The learned Advocate for the Petitioner does not dispute that though the Petitioner was called upon to appear before the Committee for Redressal of Concerns (CRC) on 15th October, 2025, she did not appear. Her parents sent a request through a friend, who submitted it to the Committee, stating that the Petitioner is not attending the CRC. No request was made for a deferred hearing. So also, when it came to appearing for the exams for 6 subjects, which the Institution had permitted the Petitioner to take, she voluntarily did not appear even in a single exam. 17 days after the exams, a medical certificate was produced from the Law School's Health Centre, stating that the Petitioner has vertigo. 5.

Be that as it may, the Institution has volunteered to allow the Petitioner to appear for the two CNG (Course Not Granted) subjects in the Special Exams to be conducted tomorrow for the subjects Corporate Law Practice and Civil Law Practice. Arrangements would be made on an urgent basis to enable the Petitioner to appear for the said exams, which are scheduled on

16th December, 2025 and 17th December, 2025, along with a few other students for whom a Special Exam is being arranged, in the light of the recent order of the Delhi High Court dated 3rd November, 2025 passed in W.P. (CRL) No.793 of 2017, CRL. M.As. No.16639 of 2017 and 8850 of 2024 .

The learned Advocate for the Deemed University further submits that the University would render full cooperation to the Petitioner to enable her to appear for the remaining 6 subjects in the Backlog Exam in March/April 2026 and she would not lose any Academic Year. If the Petitioner passes in the said subjects, she would not lose a single Academic Semester or year. 7.

The learned Advocate for the Petitioner submits that though the Petitioner may have failed earlier, she is a meritorious student.

Since the Petitioner's problem has been resolved with the cooperation of the Deemed University, which has shown magnanimity, this Petition is disposed off, by consent.

Since this order has been dictated in open Court, the parties will not wait for the order to be uploaded. (ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)