IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 7609 of 2009 Between: 1 P. Girish Pratap Reddy S/o. P. Rajasekhar Reddy Plot No.709, D-Block, Bhavya's Anandam, Nizampet, Hyderabad. Hall Ticket No. 06071A0109 2 N. Revanth S/o. N.S. Rao MES Quarters 158/1, Range Area Air Force Station, Begumpet, Secunderabad. Hall Ticket No. 06071A0114 3 A. Vishnu Varma S/o. A. Krisnhnam Raju Plot No.181, Sardarpatel Nagar, Opp. Nizampet Road, Hyderabad. Hall Ticket No. 06071A0120 4 T.H. Arjun S/o. T.R. Hanumantha Rao H.No.11-1808/11/8, Chilakalaguda, Secunderabad. Hall Ticket No. 07075A0111 5 P. Santosh Ranga Reddy S/o. P. Jayaranga Reddy H.No.1-36/1/12/39, Vemana Colony, Chanda Nagar, Hyderabad. Hall Ticket No. 06071A0113 6 G. Rakesh S/o. G. Madhukar Flat No.G-6, Prajay Ashray Apartments, Opp. Survey of India, Uppal, Secunderabad. Hall Ticket No. 06071A0154 7 A. Rahul S/o. Late A. Divakara Rao H.No.3-100/A/2, Plot No.11, Setwin Colony, Sainath Nagar, Nizampet Road, Kukatpally, Hyderabad. Hall Ticket No. 06071A0145 8 V. Rajesh S/o. V.D. Jaganmohan Rao H.No.6-3-1099/1100/6/A, Somajiguda, Babu Khan Lane, Hyderabad. Hall Ticket No. 07071A0105 9 A. Sashikanth S/o. Srikanth H.NO. 1-3-183/39/3/C, Kavadiguda, Hyderabad. 10 K. Anish Varma S/o. KSR Varma H.No.47, Madhura Nagar, Hyderabad. Hall Ticket No. 07071A0157. ..... PETITIONER(S) AND 1 Jawaharlal Nehru Technological University, Kukatpally, Hyderabad rep. by its Registrar. 2 The Principal Vigyan Jyoti Institute of Engineering and Technology, Bachupally (Via) Kukatpally, Hyderabad. 3 The Vice Principal Vigyan Jyoti Institute of Engineering and Technology, Bachupally (Via) Kukatpally, Hyderabad. 4 The Controller of Examination Jawaharlal Nehru Technological University, Kukatpally, Hyderabad. .....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 direction declaring the action of the respondents in not permitting the petitioners to appear for the examinations of B.Tech (Civil) Lab and external examinations scheduled to be commenced from 11th April, 2009, as illegal, arbitrary and consequently direct the respondents to permit the petitioners to appear for the examinations and pass Counsel for the Petitioners : MR S.PULIPATI RADHIKA Counsel for the Respondents: MR.K.RATHANGA PANI REDDY The Court made the following : THE HON’BLE Ms. JUSTICE G.ROHINI WRIT PETITION No.7609 OF 2009 ORDER : The petitioners herein are the students of Engineering course in the 2nd respondent College. This writ petition is filed aggrieved by the action of the respondents in not permitting the petitioners to appear for the 3rd year B.Tech. II semester examinations held in April, 2009 on the ground of shortage of attendance in the particular semester. In the counter-affidavit filed on behalf of the 2nd respondent College, it is stated that all the petitioners had less than 65% of attendance and therefore by order dated 2.4.2009 the said fact was notified in the College informing them to take re-admission in the concerned course. However, taking into consideration the representations made by various students, the 1st respondent University by letter dated 4.3.2009 directed the 2nd respondent College to re-calculate the attendance of the students adding their attendance during the internal examinations and also the attendance for the sports and games. Accordingly, the attendance of all the students including the petitioners was recalculated. In the said process, the attendance of 14 students was found to be above 65% and they were allowed to appear for the examinations after condoning shortage of attendance. However, even after the recalculation, the attendance of the petitioners herein was found to be less than 65%. Hence, they are not entitled to appear for the examinations as per the academic regulations of the 1st respondent University. The petitioner No.9 in her Reply affidavit stated that she had represented the 2nd respondent College in I.I.T. Madras Cultural Festival held from 21.1.2009 to 251.2009 and again she had participated in the cultural festival from 28.2.2009 to 2.3.2009 and in a dance competition on 25.2.2009 representing the 2nd respondent College. It is pleaded by the 9th petitioner that since she had not willfully absented herself, the 2nd respondent college ought to have given attendance for the said period in which event she would have more than 65% attendance. A separate reply affidavit has been filed on behalf of other petitioners taking similar plea that they had represented the 2nd respondent College in cultural and sports events for which they were also paid TA & DA and therefore the 2nd respondent College ought to have given the attendance to them for the said period. I have heard the learned counsel for both parties. As held by this Court in W.P.No.24114 of 2008 and batch dated 30.06.2009, shortage of attendance below 65% in aggregate shall not be condoned in any case. However, if the shortage is between 65% and 75%, the College Academic Committee is competent to condone the same for genuine reasons. Having regard to the fact that the petitioners herein are disputing the attendance particulars maintained by the college and claiming that they are entitled to attendance for the period during which they had participated in sports & cultural events representing the 2nd respondent College, I deem it appropriate to dispose of the writ petition permitting the petitioners to make an appropriate representation before the University as well as the College putting forth their case 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: 22-07-2009 KLP