High Court junks Himachal law students’ plea to attend next semester despite being detained over low attendance

3 min readJul 10, 2026 10:10 PM IST

The students challenged the University's decision before the high court. (File Photo)

Observing that relief cannot be granted merely on sympathetic grounds when statutory provisions are clear, the Himachal Pradesh High Court on Friday dismissed an appeal filed by eight law students seeking permission to attend classes of the next semester despite being detained over low attendance.

A Division Bench led by Chief Justice Gurmeet Singh Sandhawalia also upheld an earlier order of a single judge bench refusing interim relief to the students. The bench, also comprising Justice Bipin Chander Negi, also reiterated that judicial discretion cannot override mandatory legal requirements. All petitioners are the students of the Himachal Pradesh National Law University (HPNLU), Shimla,

The appeal arose from an interim order passed by the Single Judge on June 30, 2026 declining one of the detained student’s plea to provisionally attend ninth-semester classes and appear in the eighth-semester examination.

The HPNLU, through an order dated December 6, 2025, detained eight students in the seventh semester on account of shortage of attendance. Consequently, they were barred from appearing in the end-semester examinations scheduled between December 11 and December 26, 2025.

The students challenged the University’s decision before the high court. On December 12, 2025, the high court granted them interim permission to appear in the seventh-semester examinations. However, the court made it explicitly clear that such permission would not create any equity or vested right in their favour.

Subsequently, on March 20, 2026, the students were permitted to provisionally attend eighth-semester classes, once again subject to the condition that the interim arrangement would not confer any legal rights and would remain subject to the final outcome of the writ petition. The main writ petition was finally disposed of on May 12, 2026, when the high court directed HPNLU to reconsider its decision in accordance with applicable regulations. However, after the university’s subsequent decision, the students again approached the court seeking permission to continue their studies in the next semester despite the attendance deficiency.

The single judge bench, on June 30, rejected the plea prompting the present appeal before the Division Bench. Affirming the earlier order, the high court held that mandatory attendance requirements prescribed by law and university regulations cannot be diluted through judicial orders on equitable or compassionate considerations, underscoring that courts are bound to enforce statutory provisions as they stand.

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In a strongly worded judgment, the Division Bench observed, “Law is acknowledged to be the embodiment of all wisdom and justice. Justice according to law is a principle as old as the seas on the earth.” The court further held that it could not confer “benediction impelled by only sympathetic consideration.”

Quoting from the Supreme Court verdict in Martin Burn Ltd. Vs Corporation of Calcutta (AIR 1966 SC 529), the Bench observed that “a result flowing from a statutory provision is never an evil” and that courts have no authority to ignore statutory provisions merely because their operation may appear harsh.

Finding no infirmity in the Single Judge’s order dated June 30, 2026, the Division Bench dismissed the appeal along with all pending miscellaneous applications.

Saurabh Parashar is an Assistant Editor at The Indian Express, primarily responsible for the publication’s coverage of Himachal Pradesh. He is a seasoned journalist with over 17 years of experience in print media, specializing in crime, legal affairs, and investigative reporting.

Professional Background

Education: He holds a Master’s degree in Mass Communication from Guru Jambheshwar University of Science & Technology (Hisar) and a Law degree from Himachal Pradesh University (HPU), Shimla. This legal background significantly informs his reporting on complex judicial and administrative matters.

Career Path: Before joining The Indian Express in 2017, he spent 12 years with The Times of India.

Core Beats: His primary focus is the socio-political landscape of the hill state, with a specific emphasis on the environment, forest conservation, drug menace (specifically "Chitta"), affairs related to tribal and archaeology and the unique challenges of governance in high-altitude regions.

Recent Notable Articles (Late 2025)

His recent reporting highlights the critical intersection of policy, law, and social safety in Himachal Pradesh:

1. "Himachal’s battle against Chitta: Why the border areas are most vulnerable" (Late 2025): An investigative look at the transit routes from Punjab and the impact on local youth.

2. "Shimla ropeway clears key hurdle as 820 trees face the axe :According to the Forest Survey of India’s 2021 assessment, 47.21 percent of Shimla’s 5,131 sq km geographical area is under forest cover (Nov 17, 2025).

3. "Himachal to handover 2.7427 ha of non-forest land for Shimla Ropeway: Given the land’s non-forest nature, RTDC and the state will not require permission from MoEFCC" (Nov 18, 2025)

4. "How the centuries-old Jodidara tradition is fading in Himachal’s Trans-Giri region: Jodidara: a form of fraternal polyandry—has long been part of Hatti tribal culture in the Trans-Giri region of Himachal Pradesh and adjoining Uttarakhand. It is believed to have evolved to prevent division of ancestral land and maintain unity among brothers in the harsh, mountainous terrain" (Aug 18, 2025)

Legal & Agricultural Affairs

"Kisan Sabha hails SC’s setting aside Himachal HC order to remove orchards from forest land" (Dec 18, 2025): Covering a major Supreme Court victory for farmers, where a High Court order to remove fruit-bearing apple orchards was overturned.

"Himachal Cabinet nod to new tourism policy; focus on home-stays in tribal areas" (Dec 11, 2025): Detailing the legislative push to decentralize tourism and bring economic benefits to Lahaul-Spiti and Kinnaur.

3. Governance & Environment

"Forest rights and development: Why Himachal is seeking more leeway from Centre" (Dec 19, 2025): Reporting on the legal hurdles faced by the state in infrastructure projects due to the Forest Conservation Act.

"Cloudbursts and resilience: How Himachal’s remote villages are building back better" (Nov 2025): Following up on the long-term rehabilitation efforts after monsoon-related disasters.

Crime especially cyber crimes, crypto currency etc:

crypto currency: "Agents in uniform, motivational speeches, lavish parties: How a Himachal crypto con went unnoticed:A serial conman, a ‘Nelson Mandela Nobel Peace Award winner', and retired policemen got together to pull off a Rs 1,740-crore fraud" (Nov 10, 2023)

Signature Beats

Saurabh is recognized for his tenacious reporting on the state's drug epidemic. His deep familiarity with the topography and tribal culture of Himachal allows him to report from remote locations like Spiti, Pangi, Shillai, which are often overlooked by national media. His legal expertise makes him a primary choice for covering the Himachal Pradesh High Court on issues ranging from local body elections to environmental PILs.

X (Twitter): @saurabh_prashar

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