IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWELFTH DAY OF JULY TWO THOUSAND AND TEN PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.25655 of 2009 Between: Atqiya Siddiqui … Petitioner And A.P. Council of Higher Education, Hyderabad & others. … Respondents Counsel for the Petitioner: Ms. G. Jaya Reddy for Ms. Naseeb Afshan Counsel for respondent No.1: Sri C. Sudesh Anand Counsel for respondent No.2: Sri G. Venkat Reddy for Sri K. Rathangapani Reddy The Court made the following: THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.25655 of 2009 ORDER: This writ petition is filed for a Mandamus to declare the action of respondent No.3 in not allowing the petitioner to appear for the theory exams of second year B-Pharmacy course, as illegal and arbitrary. The petitioner is a second year B-Pharmacy student of respondent No.3 College, which is affiliated to respondent No.2 University. The petitioner was not permitted to appear for the second year examinations on the ground of shortage of attendance. In her affidavit, the petitioner has not stated as to how much percentage of attendance she possesses in the second year. At the hearing, Sri Venkat Reddy representing Sri K.Rathangapani Reddy, learned Standing counsel for respondent No.2, submitted that the petitioner has only 59.7% of attendance in the second year B-Pharmacy course and that as per the University regulations, she is required to have minimum of 75% attendance. The learned counsel placed reliance on the judgment of a Division Bench of this Court to which I am a party in B.Yugandhar vs. Principal, Kuppam Engineering College, Kuppam, Chittoor District and another[1] in support of his submission. I have carefully considered the submissions of the learned counsel for the petitioner and the learned counsel representing respondent No.2. The Division Bench in B. Yugandhar (supra) held that while the University has power to condone shortage of 10%, if a student has a minimum of 65% attendance, the student with less than 65% attendance is not entitled to any relief, if he/she is prevented from appearing the examinations by the University. As the petitioner is possessing only 59.7%, which is way below the minimum required 65% attendance, she is not entitled to appear for the second year B- Pharmacy examinations. Though under the interim order granted by this Court on 27.11.2009 the petitioner was permitted to appear for the second year leftover examinations of B-Pharmacy course, it is brought to my notice that her results have not been declared. As the petitioner is not entitled to appear for the examinations for the abovementioned reasons, she is not entitled to any relief. The writ petition is accordingly dismissed. As a sequel to dismissal of the writ petition, WPMP.Nos.33425 and 38150 of 2009 are also dismissed. __________________________ C.V.NAGARJUNA REDDY, J Date: 12.07.2010. ES [1] 2008 (2) ALT 529 (DB)