Orissa High Court quotes Bible, says honest apology dilutes guilt to condone student’s late fee payment

Case

The student was barred from taking the sixth-semester examination due to non-payment of fees. It was submitted that the delay occurred due to financial and medical difficulties. The student tendered an unconditional apology acknowledging the lapse.

During the pendency of the petition, the high court had passed an interim order, permitting the student to pay the prescribed fees along with fine and allowing the student to appear in the examination. Pursuant to this interim direction, the student took the examination.

The counsel for the student subsequently prayed that now that the student had written the examination, the admission should be regularised and the result of such examination should be published so that the student can pursue the course further.

While opposing the petition, the university contended that permitting regularisation of admission merely because an interim order was passed would set a “bad precedent”.

Justice Dixit Krishna Shripad quoted the book of Psalms from the Bible while granting relief to the student.

‘Justice warrants..’

The court held that the student, having acknowledged his fault, calls for lenient consideration.

“Justice of the case warrants regularisation of petitioner’s admission to the next level and subsequent publication of the examination results, which he has appeared in, as to complete the course in a peaceable way,” the court observed.

The court clarified that the relief was being granted in the peculiar facts of the case and should not be treated as laying down any precedent.

“Panel Counsel for the University is more than justified in contending that, whatever relief this Court is going to grant in this judgment, may become a dangerous precedent and therefore, this judgment should not be treated as laying down any law of precedential value,” the court held.

The court, therefore, directed the university to publish the result and regularise the student’s admission to the next level of the course.

“The University is directed to grant admission to the petitioner for the next level of the course. The result of the examination, which the petitioner has written, shall be announced forthwith to facilitate his completion to the course in a general way subject to all compliances,” the court held.