IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SECOND DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 1425 of 2009 Between: R. Anitha D/o. R. Narasaiah R/o. Neredcherla (V&M), Nalgonda District. ..... PETITIONER AND 1 The Registrar, Jawaharlal Nehru Technological University, Kukatpally, Hyderabad. 2 The Principal, Madhira Institute of Technological and Sciences, Madhuranagar, Kodad, Nalgonda District. ....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 pass an order or issue a direction or issue a writ more particularly a writ of Mandamus declaring the action of the respondents in not considering the medical grounds to make up the attendance of the petitioner as arbitrary and unjustified and illegal and consequently make the attendance of the petitioner to appear the future examinations and pass Counsel for the Petitioner: MR.SHAIK ANWAR PASHA Counsel for the Respondent No.: MR.K.RATHANGA PANI REDDY The Court made the following : ORDER: This writ petition is filed by the petitioner to declare the action of the respondents in not considering her case on medical grounds to make up the attendance as arbitrary and illegal and consequently to allow her to appear in the future examinations in B.Pharmacy III year in the 2nd respondent College. Heard the learned counsel for the petitioner as well as the learned standing counsel for the 1st respondent Jawaharlal Nehru Technological University, Kukatpally, Hyderabad and at their request the writ petition is taken up for final disposal at the admission stage itself. The case of the petitioner is that she completed her 1st and 2nd year B.Pharmacy course in the 2nd respondent College and joined in the 3rd year during the academic year 2008-09. She has also paid the 1st term fees pertaining to 3rd year. Due to her ill health, she could not attend the college for the required number of days and she was having 57% attendance while the required attendance is 70%. Her grievance is that she was not informed about the shortage of attendance prior to receipt of management fee and examination fee and she attended the college up to 3.11.2008 while the 1st semester commenced from 5.11.2008 and now she is not being allowed to write the examination on the ground that she is having shortage of attendance. It is also stated that the management has made up the attendance of other students by receiving the amounts but refused to consider her case as she refused to pay the donations as demanded by the management of the college. The learned standing counsel appearing for the respondent University submitted that the University is having the power to condone the attendance only upto 10% and since the petitioner is having only 57% attendance, she cannot be permitted to write the examination even if 10% attendance is condoned since the required attendance is 70%. It is settled law that this Court cannot interfere in the process of conducting examinations even though the students does not possess the required attendance as per the Rules and Regulations of the University. It is the admitted case of the petitioner that she does not possess the required attendance and even if the University condones the attendance also, the petitioner cannot be permitted to write the examinations since the petitioner possesses only 75% attendance. For the foregoing reasons, the writ petition fails and it is accordingly dismissed. N.V.RAMANA,J DT.2.2.2009 msv