THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.25367 of 2009 Dated:21.01.2010 Between: Singarapu Kiran Kumar .. Petitioner And The State of Andhra Pradesh rep., by its Secretary, Department of Higher Education, Secretariat Building, Hyderabad and others .. Respondents THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.25367 of 2009 ORDER: The petitioner is studying II year of B.E. (Mechanical Engineering) Course in the Vasavi Collage of Engineering, the 4th respondent. He was not permitted to appear in the 1st semester examination of II year, on the ground that he did not have adequate percentage of attendance. The petitioner submitted a representation, dated 06.11.2009, to the respondents. This Writ Petition is filed alleging that the respondents have wrongfully denied him the permission to appear in the examination. The 4th respondent filed a counter-affidavit stating that the petitioner was initially admitted into I year of Engineering Course in the year 2004-05 and that he was promoted to II year only in the academic year 2007-08. According to him, the petitioner did not clear the 1st semester of II year in the year 2007-08 and had taken readmission into II year twice in 2008-09 and 2009-2010. It is also stated that the petitioner has put in 56.34%, as against 75%, of attendance. Heard learned counsel for the petitioner and learned counsel for the respondents. The petitioner took nearly five years to complete I year and he is just at the threshold of II year. It is not in dispute that his attendance is just 56%, as against the minimum of 75%. The Vice Chancellor is conferred with the power to condone the shortage of attendance to the extent of 10% in deserving cases. Therefore, the question of a student, who has less than 75% of attendance, to appear in the examination, does not arise. The Writ Petition is, accordingly, dismissed. There shall be no order as to costs. _______________________ L. NARASIMHA REDDY, J 21st January 2010 KH