IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE TWENTY SECOND DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO and THE HON'BLE MR JUSTICE R. KANTHA RAO WRIT APPEAL NO : 860 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 08/08/2008 in WP NO : 9381 OF 2008 on the file of the High Court.) Between: K. Madhav Reddy S/o. Late K. Venkat Reddy R/o. H.No.SRT-18, Ameerpet Colony, Hyderabad-500016. ..... APPELLANT AND 1 State of A.P., Rep. by its Principal Secretary, Higher Education, Secretariat, Hyderabad. 2 Jawaharlal Nehru Technological University, Rep. by its Registrar, Kukatpally, Hyderabad. 3 Director of Evaluation, Jawaharlal Nehru Technological University, Kukatpally, Hyderabad-500072. 4 VNR Vignana Jyothi Institute of Engineering & Technology, Bachupally (Via), Kukatpally, Hyderabad-500072, rep. by its Principal. .....RESPONDENT(S) Counsel for the Appellant:M/SC.KODANDA RAM Counsel for the Respondent No.: GP FOR HIGHER EDUCATION The Court made the following : THE HON'BLE MR JUSTICE B.PRAKASH RAO and THE HON'BLE MR JUSTICE R. KANTHA RAO WRIT APPEAL NO : 860 of 2008 JUDGMENT : (Per Sri Justice B.Prakash Rao) Heard Sri C Kodanda Ram, learned counsel for appellant, Sri K Ratangapani Reddy, learned standing counsel for second respondent and learned Government Pleader for Higher Education and at their request, the appeal itself is taken up for final disposal. The appellant herein is the unsuccessful writ petitioner, by way of this appeal seeks to assail the orders of the learned Single Judge in W.P. 9381 of 2008 dated 8.8.2008 dismissing the writ petition, where he sought for mandamus inter-alia seeking for declaration that the action of the respondents herein, especially the proceedings dated 8.3.2008 of the second respondent in detaining him from appearing for the second year second semester examination in B.E. (EEE) course in the 4th respondent college, as illegal. The case of the petitioner in brief is to the eﬀect that having regard to the fact that the petitioner is suﬀering from serious disease especially leukemia and fell ill and admitted in Apollo hospital on 12.11.2007, where he was diagnosed for such disease and being treated there, he could not possibly attend the semester in question. Since the appellant did not satisfy the minimum required attendance he has been detained and not allowed to appear for such examination. Hence, the writ petition. The learned Single Judge by taking into consideration the respective submissions and especially in view of the fact that the appellant did not attend the classes and having regard to the established principle as to the requirement of minimum percentage of attendance no indulgence be given, hence, dismissed the writ petition. Hence, the present appeal. Having heard the learned counsel on either side and on perusal of the material, the undisputed facts are to the eﬀect that the appellant did appeared for the earlier examination and it is only for the present examination due to illness he could not possibly attend the examination. Admittedly, he has been treated in the Apollo Hospital, where he has been diagnosed for leukemia, for that reason he could not attend the college. The learned counsel for the appellant sought to refer to similar such question, where this Court allowed the writ appeal as a special case, and allowed the appellant therein to appear for the examination by orders dated 13.11.2006 in W.A.M.P. No. 2503 of 2006 in W.A No. 1205 of 2006. Wherein this Court after taking into consideration the fact that the petitioner therein was suﬀering most dreaded disease so far known to the mankind and especially keeping in view the courage shown by the petitioner therein who has made an application to the University to appear in the examination, this Court treated the matter as a special case and felt it appropriate to allow him to take on going examination of third semester of second year of Electronics and Communication Engineering course. There is no dispute of the fact that it is now well established that requirement of minimum attendance is compulsory as consistently held by this Court and the Apex Court, however, in the given situation, especially where the candidate is suﬀering from such serious illness and in that respect there being no serious dispute, as rightly view taken by the Division Bench of this Court earlier, in the aforesaid orders, it is also a ﬁt case, which calls for sympathetic approach and showing indulgence in favour of the appellant. This Court also once again place on record the courage with which the appellant seeks to face the examination, appeared for the same. Taking such circumstances into account, the appeal is allowed and the order of the learned Single Judge dated 8.8.2008 and the impugned order of the second respondent dated 8.3.2008 are hereby set aside. Since the appellant has appeared for the examination in terms of the orders of this Court dated 12.8.2008, we deem it appropriate to direct the respondents to declare the results of the petitioner for the second year second semester of B.E (EEE). Accordingly, the writ appeal is allowed. No costs. _______________ B.PRAKASH RAO,J _______________ R. KANTHA RAO,J DATE:22.10.2008 Tvk THE HON'BLE MR JUSTICE B.PRAKASH RAO and THE HON'BLE MR JUSTICE R. KANTHA RAO WRIT APPEAL NO : 860 of 2008 Date: 22.10.2008