IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWELTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 7701 of 2009 Between: 1 M. Ram Mohan S/o. Yadagiri r/o. Geethanjali Appt-106, Ramagiri, Nalgonda. 2 Y. Hem Kumar S/o. Y. Guravaiah R/o. Rayanigudem Village, Garidepally Mandal, Nalgonda. ..... PETITIONERS AND 1 Jawaharlal Nehru Technological University, Kukatpally, Hyderabad, Rep. by its Registrar. 2 The Principal, VNR Vigyan Jyoti Institute of Engineering of Technology Bachupally (Via) Kukatpally, Hyderabad. 3 The Vice Principal, VNR Vigyan Jyoti Institute of Engineering of Technology Bachupally (Via) Kukatpally, Hyderabad. 4 The Controller of Examination, Jawaharlal Nehru Technological University, Kukatpally, Hyderabad. .....RESPONDENTS 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 of Mandamus or any other appropriate writ order or direction declaring the action of the Respondents in not allowing the petitioners for the Examinations scheduled for the III year II Semester B.Tech (ECE) in the 2nd respondent college and detailning the petitioners for short of attendance as arbitrary illegal, unjust and discriminatory and consequently direct the Respondents to permit the petitioners for Examinations scheduled for the III year II Semester B.Tech (ECE) for the academic year 2008-2009 in the 2nd respondent College by promoting the petitioners on condoning the short of attendance and pass Counsel for the Petitioner: SMT.G.JYOTHI KIRAN Counsel for the Respondent No.: MR.K.RATHANGA PANI REDDY The Court made the following : THE HON’BLE Ms. JUSTICE G.ROHINI WRIT PETITION No.7701 OF 2009 ORDER : The petitioners herein are the students of Engineering course in the 2nd respondent College. This writ petition is filed aggrieved by the action of the respondents in not permitting the petitioners to appear for the 3rd year B.Tech. II semester examinations for the academic year 2008- 2009 on the ground of shortage of attendance. In the affidavit filed in support of the writ petition, it is pleaded by the petitioners that they had attended National Level Technical Symposium on 4th,5th and 6th March, 2009 representing the 2nd respondent-college and therefore they are entitled to attendance for the said period. It is pleaded by the petitioners that since they had not willfully absented, the 2nd respondent college ought to have given attendance for the said period in which event they would have more than 65% attendance. I have heard the learned counsel for both 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 fact that the petitioners herein are disputing the attendance particulars maintained by the college and claiming that they are entitled to attendance for the period during which they had participated in National Level Technical Symposium representing the 2nd respondent College, I deem it appropriate to dispose of the writ petition permitting the petitioners to make an appropriate representation before the University as well as the College putting forth their case along with supporting material on or before 24- 08-2009. 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 petitioners to appear for the examinations. Till such time, the petitioners 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 petitioners to claim any equities in case the decision of the University goes against them. No costs. ______________ G. ROHINI, J Date: 12-08-2009 Note: Issue operative portion by wire. B/o KLP