IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 26.8.2009 CORAM THE HON'BLE MR.JUSTICE P.JYOTHIMANI Writ Petition No.16193 of 2009 and M.P.No.1 of 2009 G.Ganeshamoorthy ..Petitioner Vs. 1. The Registrar Anna University Coimbatore. 2. The Principal Info Institute of Engineering NH-209, Sathy Road Kovilpalayam Coimbatore 641 107. ..Respondents Petition under Article 226 of the Constitution of India praying for a writ of Mandamus for the relief as stated therein. For Petitioner : Mr.S.Saravanan For Respondent-1 : Mr.Sivakumar O R D E R The writ petition is for direction against the second respondent to receive the tuition fee and other fees and consequently, admit the petitioner in the second academic year 2009-2010 in the second respondent College in B.E. (Electrical and Electronic Engineering). 2. The petitioner was admitted in the second respondent College in the year 2008-2009. It is stated that during the first year, due to his ill health, he has availed medical leave from 19.3.2009 to 25.3.2009 and 13.4.2009 to 29.4.2009 and he has submitted medical leave letter along with medical certificate. The petitioner was permitted to write the first semester examination. However, in respect of the second semester, he was allowed to write three papers and not allowed to write in respect of the remaining papers. Thereafter, when the petitioner approached the second respondent college for admission to the second year, the second respondent directed to pay the fees. When the petitioner, through his father, went to the second respondent College to remit the fees, the second respondent College refused to accept the fees and informed that he https://hcservices.ecourts.gov.in/hcservices/ was not having sufficient attendance in the first year and therefore, he was not allowed to write his second semester examinations. 3. The learned counsel for the first respondent University, on instruction, would submit that as per the statute governing the University, the required attendance is 80% for a candidate to enable him to write examination. However, 10% can be excused on medical grounds. In this case, the petitioner has obtained cumulative percentage of attendance for the first year to the extent of 70.93. He is eligible for 10% attendance by way of excusing the delay on medical ground. Therefore, if the petitioner makes proper representation to the University, the University will permit him to write the examination of the second semester of first year. 4. In such view of the matter, the petitioner is directed to make a representation to the University/first respondent for permission to write arrears examination with necessary application for condonation of delay. If the petitioner makes such an application within ten days from the date of receipt of a copy of this order, the University shall pass appropriate order permitting him to write the ensuing examination within a period of four weeks thereafter. 5. The learned counsel for the first respondent University would fairly submit that subject to the above permission being granted to the petitioner, since the petitioner has acquired necessary attendance, he may be permitted to join the second respondent College in the second year. 6. Accordingly, the second respondent is directed to permit the petitioner to join their College, on production of a copy of this order, after payment of necessary fees, as the first respondent University has no objection to permit the petitioner to join the second year. Further, since there is no fault on the part of the petitioner and as it is stated that classes for the second year have commenced from 27.7.2009, the petitioner, after joining in the second year, may make a formal application to the first respondent University to condone the attendance for the period between 27.7.2009 to till the date of his joining, in order to enable him to obtain necessary attendance to write the third semester examination. The writ petition stands disposed of with the aforesaid direction. There shall be no order as to costs. Consequently, M.P.No.1 of 2008 is closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar kpl https://hcservices.ecourts.gov.in/hcservices/ To 1. The Registrar Anna University Coimbatore. 2. The Principal Info Institute of Engineering NH-209, Sathy Road Kovilpalaym Coimbatore 641 107. + 1 c.c. to Mr. S. Saravanan, Advocate. S.R.No.41683. + 1 c.c. to Mr. R.Sivakumar, Advocate. S.R.No.42001. W.P.No.16193 of 2009 GR (CO) GSK 27.08.2009. https://hcservices.ecourts.gov.in/hcservices/