THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.10372 OF 2009 Dated: 09.10.2009 Between: K. Shashank … Petitioner And 1. The Jawaharlal Nehru Technological University, Represented by its Registrar. 2. The Principal, Malla Reddy Engineering College, Maisamma Guda, Dhulapally via Hakimpet, Secunderabad. … Respondents THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.10372 OF 2009 ORDER : This writ petition is filed aggrieved by the action of the respondents in not allowing the petitioner to appear for the first year examinations of B.Tech. (CSE. Br.) on the ground that he did not have a minimum 75% of attendance. Heard both sides. As could be seen from the material on record, there is a dispute with regard to percentage of attendance possessed by the petitioner. Such a disputed question of fact cannot be gone into by this Court in exercise of jurisdiction under Article 226 of the Constitution of India. As held by this Court in W.P.No.24414 of 2008 and batch dated 30.06.2009, shortage of attendance below 65% in aggregate shall not be condoned in any case. However, if the shortage is between 65% and 75%, the College Academic Committee is competent to condone the same for genuine reasons. In the instant case, since there is a dispute with regard to the attendance of the petitioner, I deem it appropriate to dispose of the writ petition permitting the petitioner to make appropriate representation before the University as well as the College putting forth his case that his case along with supporting material on or before 16.10.2009. As a matter of fact, the petitioner states that he has already made such representation on 27.7.2009 and undertakes to enclose a copy of the said representation dated 27.7.2009 also. If any such application is made within the time prescribed above, the College Academic Committee shall consider the same in accordance with law and submit its report to the University within one week thereafter. On the basis of such report, the University shall pass a final order with regard to the eligibility of the petitioner to appear for the examinations. Till such time, the petitioner shall be permitted to appear for the next semester classes subject to the final order that may be passed by the University. It is made clear that this shall not entitle the petitioner to claim any equities in case the decision of the University goes against him. No costs. _____________ G. ROHINI,J. Dt. 09.10.2009 gbs