Authority: High Court of Odisha at Cuttack

Order Date: 29 June 2026

Case Overview

  • Petitioner: Omm Patnaik, a BBM (Hons.) student of XIM University, Bhubaneswar, admitted for the 2025‑2029 session in the School of Commerce.
  • The petitioner was debarred from the End‑Semester Examination‑II in the subject “Introduction to OB & HR” by a university order dated 07‑04‑2026 on the ground that his attendance was 64.41% (38 attended classes out of 59).
  • Medical background: fell ill with a back injury (18‑12‑2025 leave, absent 16‑12‑2025 to 02‑01‑2026, 6 classes) and later contracted acute respiratory infection (30‑03‑2026 to 04‑04‑2026, absent 9 classes). All absences were recorded as “Absent Medical” with supporting medical certificates.
  • The petitioner sought relief through a writ petition (W.P.(C) No.12973 of 2026) under Articles 226 and 227 of the Constitution, alleging that the university misapplied its Student Manual of Policies 2025‑2026 and failed to consider his medically‑certified leave.
  • Earlier relief: on 05‑05‑2026 the court permitted the petitioner to appear in a supplementary examination scheduled for 01‑07‑2026 or 01‑02‑2027. The petitioner filed a review (RVWPET No.117/2026); the review was allowed on 24‑06‑2026, recalling the earlier order.
  • The university’s stance: the Manual requires a minimum 75% attendance for each subject; no provision for a make‑up exam for undergraduate (UG) students debarred for attendance shortfall; debarred students must appear in the supplementary exam with the junior batch the following year.
  • The petitioner’s counsel cited Manual clauses 10.5 (exemption for illness up to 25% of classes), 12.1 and 12.3 (prior permission from the Dean with medical documents), and an order dated 16‑03‑2026 from the Controller of Examinations extending make‑up examinations to all UG programmes.
  • The university argued that the 16‑03‑2026 order conflicted with the Manual and therefore could not be acted upon.
  • The court examined the Manual, the 16‑03‑2026 order, and relevant case law (All India Students Federation, Regional Engineering College Hamimpur, Ashok Kumar Thakur). It found that the petitioner had obtained prior permission, his medical absences were within the permissible 25% limit, and the 16‑03‑2026 order validly extended make‑up facilities to UG programmes.

Final Outcome

  • The debarment order dated 07‑04‑2026 is quashed as it contravenes the Manual and the university’s own 16‑03‑2026 order.
  • XIM University is directed to conduct a make‑up examination for the petitioner in “Introduction to OB & HR” within two weeks of the judgment, without requiring him to sit for the scheduled supplementary examination with the junior batch.
  • The university must ensure the make‑up exam is arranged promptly and the petitioner’s result declared accordingly.

Topics: Education Law, Student Rights