IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 11132 of 2009 Between: T.Adarsh Babu S/o.T.Ajay Vignan Bharati Institute of Technolgoy,Aushapur village Ghatkesar Mandal, Ranga Reddy District ..... PETITIONER AND 1 The Principal SEcretary to Government of AP., Higher Education Department, SEcretariat buildings, Hyderabad 2 The Secetary,APSTate Council of Higher Education, Masab Tank,Hyderabad 3 The Registrar, Jawaharlal Nehru Institute of Technology University,Kukatpally,Hyderabad 4 Vignan Bharati Institute of Engineering & Technology Aushapur village, Ghatkesar Mandal, Ranga Reddy District .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents 1 to 4 in not issuing the Hall Ticket and not permitting the petitioner to write the examination of B.E.1st year I.T. from 4th respondent institute as illegal, arbitrary, and unfair and opposed to principles of natural justice as non permitting the students to take the exam on attendance issue is discriminatory and consequently direct the respondent to permit the petitioner to write the examinations of B.E. 1st year scheduled to be held from 4thJune 2009 onwards. Counsel for the Petitioner : SMT. J.VIJAYALAKSHMI Counsel for the Respondents : GP FOR HIGHER EDUCATION The Court made the following : THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No : 11132 of 2009 O R D E R : The petitioner herein is a student of Engineering Course in the 4th respondent College. This writ petition is filed aggrieved by the action of the respondents in not permitting the petitioners to appear for the first year examination of B.E. on the ground of shortage of attendance. Though it is stated by the petitioner that she could not attend the classes for some period as she met with an accident and was hospitalized for sometime, according to the petitioner, she had more than 65% attendance and therefore the Academic Committee of 4th respondent College ought to have condoned the shortage of attendance, if any. I have heard the learned counsel for both the parties. As held by this Court in W.P.No.24114 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. Having regard to the facts and circumstances of the case and keeping in view the specific plea of the petitioner, I deem it appropriate to dispose of the writ petition permitting the petitioner to make an appropriate representation before the University as well as the College putting forth his case along with supporting material on or before 31-07-2009. 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 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 Date: 22-07-2009 KLP