IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 11068 of 2009 Between: 1 Mohd. Jauhar Javeed Siddiqui S/o. Qamar Javeed R/o.Malakpet , Hyderabad. 2 Fahimul Haque S/o. Naimul Haque R/o.Old Malakpet , Hyderabad. 3 Rahmath Ali Shams S/o. Md. Ahmed Ali Shams R/o.Malakpet , Hyderabad. 4 Ansar Hyder S/o. Hyder Hussain R/o.Darulshifa, Hyderabad. 5 Ch. Kiran Kumar S/o. Ch. Koteswar Rao R/o.Darulshifa, Hyderabad. 6 M. Amarender Reddy S/o.M. Vijayender Reddy R/o. Aliyabad, Hyderabad. 7 D. Anvesh S/o. Ganga Lingam R/o. Aliyabad, Hyderabad. ..... PETITIONER(S) AND 1 Jawaharlal Nehru Technological University, Hyderabad, Rep. by its Registrar 2 Mahavir Institute of Science and Technology Bandlaguda (PO) Keshavagiri , Ranga Reddy District, Rep. by its Principal. .....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 of Mandamus or any other appropriate writ or writs order or direction directing the respondents to permit the petitioners to appear for the Examination of B. Tech I year and to promote them to II Year by condoning the attendance shortage, if any of the petitioners, by declaring that Regulation 5 of Academic Regulations of the first respondent relating to shortage of attendance as highly unjust, arbitrary discriminatory and illegal, award costs and pass Counsel for the Petitioners : MR. N.SRIDHAR REDDY Counsel for the Respondents: MR. K.RATHANGA PANI REDDY The Court made the following : THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No : 11068 of 2009 O R D E R : This writ petition is filed seeking a declaration that the inaction on the part of the respondents in condoning the shortage of attendance of the petitioners in exercise of the powers conferred under the Academic Regulations made by the Jawaharlal Nehru Technological University (JNTU) is arbitrary and illegal. The petitioners are the students of Engineering course in the 2nd respondent-college. They were not allowed to appear for the examinations on the ground that they had put in less than 75% of attendance in aggregate. The petitioners claim that they had put in 65% of attendance and therefore, as per Section 6(ii) of the Academic Regulations made by the JNTU, the College Academic Committee is competent to grant the condonation of shortage of attendance. It is also contended by the petitioners that the shortage of attendance in their cases was for genuine and valid grounds and therefore, the College Academic Committee, who is the competent authority ought to have condoned the shortage of attendance and ought to have permitted the petitioners to appear for the examinations. I have heard the learned counsel for both the parties. Under Regulation 6(ii), shortage of attendance in aggregate up to 10% i.e. 65 % and above and below 75% in each semester or I years, may be condoned by the College Academic Committee. Section 6(vi) makes it clear that such condonation can be granted where genuine and valid grounds are made out. Having regard to the fact that the petitioners herein, even according to the respondents had 65% of attendance, I am of the opinion that it is a fit case for consideration by the College Academic Committee for condonation of shortage of attendance, provided valid grounds are made out by the petitioners. Accordingly, the Writ Petition is disposed of permitting the petitioners to make an appropriate representation before the University as well as the College explaining the reasons for their absence 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 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: 21-07-2009 Note: Issue C.C. in 2 days. B/o gbs