THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.5320 of 2009 DATED 13.10.2009 BETWEEN: Mohd Kamran Danish Taj … Petitioner AND The Registrar, Osmania University, Hyderabad And another. … Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.5320 of 2009 ORDER: The petitioner is student of second year M.B.A., in Nizam College, Hyderabad – second respondent herein. He filed instant writ petition seeking a writ of Mandamus declaring the action of respondents in not permitting him to prosecute second semester of second year of M.B.A., as illegal and arbitrary and for consequential direction to permit him to complete M.B.A., second semester of second year. The petitioner alleges as follows. He joined M.B.A., with Marketing and Human Resources during 2007-2008. The first semester of second year examinations were scheduled in November, 2008. He was issued Hall Ticket. But, due to ill-health, he could not attend the examinations. However, he was promoted to second semester which consists of project work. During January – March 2009, he did project work in HDFC Standard Life Insurance Corporation, Karimnagar/Jagtial on ‘Critical Analysis of Insurance Market For The Last Five Years’. The said institution also issued a certificate to that effect. When he approached Head of Department (HOD) on 05.03.2009, he refused to accept the project report on the ground that petitioner has no requisite attendance during first semester of second year. Therefore, he filed instant writ petition. The petitioner contends that when he was issued hall ticket No.103070109 for first semester examination of second year and when he was promoted to second semester, on the ground of shortage of attendance, he cannot be detained nor prevented from taking examinations. The Registrar of Osmania University filed counter affidavit. The same refers to a letter dated 08.03.2009 addressed by second respondent to first respondent. As per said letter, petitioner did not attend first semester of second year classes and as on 09.03.2009 his attendance was ‘Nil’. As per the records submitted by Coordinator of Managament Course, he was not issued Hall Ticket prior to first semester examinations held in December, 2008. On 09.03.2009, his father approached Mr.Sagar, Incharge, Academic Section in Nizam College along with one Mr.Venkatesh, an employee of Minority Centre stating that his son was sick and if he sees the Hall Ticket, he would recover soon. As the examinations were over in the month of December, 2008, Mr.Sagar handed over Hall Ticket on 09.03.2009 on humanitarian grounds. After receiving the same, petitioner approached the Coordinator and sought permission to submit the Project work, but was not given permission for the same as attendance was ‘zero’. Mr.Sagar and Mr.Venkatesh also gave a letter to the effect that Hall Ticket was handed over to petitioner after completion of first semester examinations. Therefore, his claim that he attended classes is not correct and he never attended classes. He has also failed to appear even for internal assessments of first and second semester examinations of second year. The counter also refers to the relevant Rule which requires 75% of attendance and relaxation upto 10% on medical grounds. Though counter affidavit is filed on 01.06.2009, petitioner has not filed reply affidavit denying counter averments. Therefore, the allegation made by respondents that the Hall Ticket was handed over to petitioner after the examinations of first semester of second year were over stands proved. Secondly, petitioner admits in his affidavit that as per relevant Rule, “the student should put in a minimum of 75% agreegate attendance in all the courses put together of the term (65% in the case of medical exemptions) for both day and evening programs’. Thus, the action of respondents in not permitting petitioner for second semester of second year M.B.A., is justified and is in accordance with law. When petitioner did not put in even 65% of attendance, no direction can be issued to respondents to permit petitioner to complete the course. The writ petition is devoid of any merit and is accordingly dismissed. No costs. _______________ (V.V.S.RAO, J) 13.10.2009 pln