THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.23216 of 2009 ORDER: The petitioner addressed a letter to the A.P. Legal Services Authority stating that he is not permitted to appear in the examination of first semester of III year B.Tech. It was mentioned that he got 38% of marks in the internal examinations and that due to illness, he could attend the classes only to the extent of 68%. The same was taken up as writ petition and notice was ordered to the first respondent i.e. the institution in which the petitioner is studying. The first respondent has since filed counter-affidavit. It is stated that as per Regulation No.5.2.3 framed by Acharya Nagarjuna University, the second respondent herein, a student must secure minimum of 50% marks in the internal examinations to become eligible to appear in the University Examination. According to it, the petitioner secured 37.65% and in that view of the matter, he is not eligible. It is also stated that the attendance of the petitioner is only 68% as against the minimum of 75%. Heard the arguments advanced by the learned counsel for the first respondent and the learned Standing Counsel for the second respondent and perused the record. The petitioner apprehended two reasons on account of which he is not permitted to appear in the University Examination. The first is about the percentage of marks in the internal examinations and the second about percentage of attendance. Taking the second aspect first, it is, no doubt, true that a candidate must put in 75% of attendance to be eligible to appear in the examination. However, the Principal is conferred with the power to condone the shortage to the extent of 10%. The reasons pleaded by the petitioner for his absence can be taken as valid and there does not appear to be any hurdle for the petitioner on this account. The petitioner, however, has to cross another hurdle, namely, the percentage of marks in the internal examinations. According to Regulation No.5.2.3, a candidate must secure 50% marks in the internal examinations on an average. There is no dispute that the petitioner secured only 37.65%. Therefore, the question of the petitioner being permitted to take University Examination does not arise. The writ petition is accordingly dismissed. There shall be no order as to costs. _____________________ L.NARASIMHA REDDY,J Dt:02.12.2009 kdl