IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 8TH JULY 2011 / 17TH ASHADHA 1933 WP(C).No. 18588 of 2011(W) -------------------------- PETITIONER(S): --------------- SHAFNA JASMIN.A., AGED 22 YEARS, W/O. MUHAMMED HANSAR,2ND SEMESTER MBA STUDENT,MES COLLEGE OF ENGINEERING, KUTTIPURAM,THRIKKANAPURAM. P.O.,MALAPPURAM DIST-679573, PERMANENTLY RESIDING AT ANNASSERY HOUSE,ALATHIYUR.P.O.,MALAPPURAM DISTRICT-676102. BY ADV. SRI.P.T.DINESH SRI.C.N.SAMEER RESPONDENT(S): --------------- 1. CALICUT UNIVERSITY REP. BY ITS REGISTRAR, CALICUT UNIVERSITY.P.O., MALAPPURAM DISTRICT-673635. 2. THE SYNDICATE OF THE CALICUT UNIVERSITY REP. BY THE VICE CHANCELLOR, CALICUT UNIVERSITY.P.O., KALAPPURAM DISTRICT-673635. 3. THE VICE CHANCELLOR, CALICUT UNIVERSITY. P.O., MALAPPURAM DISTRICT-673635. 4. THE CONTROLLER OF EXAMINATIONS, CALICUT UNIVERSITY.P.O., MALAPPURAM DISTRICT. PIN-673635. 5. THE PRINCIPAL, M.E.S. COLLEGE OF ENGINEERING, KUTTIPURAM, THRIKKANAPURAM.P.O., MALAPPURAM DISTRICT-679573. SC SRI. SANTHOSH MATHEW THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 18588 of 2011 APPENDIX EXHIBITS EXT.P1- TRUE COPY OF THE DISCHARGE SUMMARY OF THE PETITIONER FROM MIMS OHOSPITAL, KOTTAKKAL EXT.P2- TRUE COPY OF THE MEDICAL CERTIFICATE DATED 22.3.2011 ISSUED TO THE PETITIONER BY THE OBSTRICIAN & GYNECOLOGIST OF THE MIMS HOSPITAL, KOTTAKKAL EXT.P3- TRUE COPY OF THE REPRESENTATION DATED 4.7.2011 SUBMITTED BY THE PETITIONER TO THE VICE CHANCELLOR WITH COPIES TO THE REGISTRAR AND CONTROLLER OF EXAMINATIONS (True Copy) P.A. To Judge ANTONY DOMINIC, J ....................................................... W.P.(C).18588/2011 .............................................. Dated this the 8th day of July, 2011 JUDGMENT Petitioner is a second semester MBA student in the MES College of Engineering, Kuttipuram affiliated to the first respondent/University. She has only 32% attendance and according to the petitioner, if the power of condonation as available to the University in terms of Clause 7.3 of Chapter III of the Calicut University First Ordinance, 1978 is exercised, and the shortage is condoned, she will be able to appear for the examination. 2. The contention raised by the learned counsel for the petitioner is that the power to condone the shortage of attendance upto 24 days available as per Clause 7.3 of Chapter III of the Calicut University First Ordinance, 1978, is in addition to the normal condonation and therefore, the condonation should have been granted by the University. W.P.(C).18588/2011 2 3. However, from the submission made by the learned counsel for the petitioner and also the learned Standing Counsel for the University, I am not satisfied that the petitioner is justified in the submission. Clause 7.2.1 of the Regulations makes it clear that minimum eligibility of a student to appear for the examination is 75% attendance. However, to make up that 75%, the condonation to the extent that is permitted in clause 7.3 is permissible. In the instant case, the maximum condonable shortage of attendance is '24 days' which power is available to the Syndicate. It is pointed out that when the '24 days' is converted to percentage, it works out to 20%. Therefore, even if 20% shortage of attendance is condoned, in the case of petitioner, she will only have the attendance of 52%, which is far less than the required minimum attendance of 75%. In that view of the matter, petitioner is not entitled to have her shortage of attendance condoned. Writ petition fails and it is dismissed accordingly. ANTONY DOMINIC, Judge mrcs