The Aurangabad Bench of the Bombay High Court has dismissed a review petition filed by an LLM student of the Maharashtra National Law University, Aurangabad, who sought permission to appear for her second-semester examinations despite a significant attendance shortage, while cautioning aspiring lawyers against engaging in reckless, undisciplined and scurrilous litigation.
The Division Bench of Justice Vibha Kankanwadi and Justice Ajit B. Kadethankar expressed serious concern over the conduct of the 23-year-old student, observing that she had made unsubstantiated allegations against the university administration, faculty members and even a fellow student in an attempt to overcome her own academic deficiencies.
The Court noted that the student, a law graduate currently pursuing postgraduate studies, was on the threshold of entering the legal profession. It observed that instead of accepting the consequences of her attendance shortage, she had adopted an approach that amounted to an abuse of the judicial process. The Bench further remarked that such conduct could adversely affect her future professional career and reflected a disturbing trend if replicated by future members of the Bar.
Emphasising the importance of fairness, candour and discipline in legal proceedings, the Court observed that litigants approaching courts must do so with clean hands. It ruled that the concept of justice cannot be reduced to securing any relief merely by making allegations in whatever manner a litigant chooses.
The dispute arose after the student was declared ineligible to appear for her second-semester LLM examinations due to insufficient attendance. According to the university’s academic regulations, students are required to maintain 75 per cent attendance, with relaxation available only up to 67 per cent in specified circumstances.
The student’s attendance was admittedly below 50 per cent. Although she contended that certain credit-based additions should be considered, the Court noted that even on her own calculations, her attendance would rise only to approximately 51.12 per cent, which remained far below the prescribed eligibility criteria.
The student had earlier challenged the university’s decision through a writ petition, which was dismissed by the High Court in April. After the examinations were conducted in May, she instituted review proceedings seeking reconsideration of the earlier judgment and a direction to the university to conduct a special examination exclusively for her.
Rejecting the plea, the Court held that the review petition was effectively an appeal in disguise. The Bench observed that the student was seeking a reappreciation of facts and findings already considered and adjudicated in the original proceedings, which falls outside the limited scope of review jurisdiction.
The Court also took note of several procedural irregularities in the review petition, including the production of fresh documents at the review stage and allegations that the university had shown favouritism towards a batchmate by allegedly relaxing attendance requirements. The Bench found these allegations to be unsupported by any substantive material and recorded its serious displeasure and disappointment over the student’s conduct.
Further, the Court held that the prayer for conducting a special examination could not be entertained while exercising powers of review, as such relief was beyond the narrow statutory parameters governing review proceedings under the Code of Civil Procedure. While observing that the matter warranted the imposition of substantial costs, the Bench ultimately refrained from doing so, considering that the applicant was still a student.
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