THE HON’BLE SRI JUSTICE NOUSHAD ALI W.P.No.28856 of 2011 Between: Jammula Snehalatha PETITIONER And 1. Jawaharlal Nehru Technological University, Kakinada, East Godavari District, rep. by its Registgrar, and another. RESPONDENTS Counsel for the petitioner: Sri S. Devakumar Counsel for the respondents: S.C. for JNTU Court made the following ORDER: The petitioner, who is a student has filed this writ petition to declare the action of the respondents in detaining him from appearing for the examinations of first semester of 4th year B.Tech (ECE Course), scheduled on 28th & 29th October 2011 (lab examinations) and from 8th November onwards (theory examination), as illegal. The petitioner is in the first semester of the 4th year B.Tech Course. From the pleadings in the affidavit and the averments made at the hearing, the petitioner has put in only 43.7% attendance. Regulation 5 of the Academic Regulations framed by the University, which has a bearing on the writ petition, a student should have a minimum of 75% of attendance in aggregate of all the subjects for acquiring credits in the 1st year and / or each Semester 3rd year, permitting condonation of shortage of attendance up to 10% (65% and above and below 75%) in each Semester or 1st year. It also says that a student will not be permitted to the next Semester unless he satisfies the attendance requirement of the present Semester / 1st year and shortage of attendance below 65% in aggregate shall in no case be condoned. As per the aforesaid regulation, a student should put in a minimum of 75% of aggregate of all the subjects and condonation of shortage of attendance is permissible up to 10%. Shortage of attendance below 65% in aggregate shall in no case be condoned. The impact of this regulation was examined by a learned Division Bench of this Court in B. Yugandhar v. Principal, Kuppam Engineering College[1] wherein this Curt considering the judgment of the Supreme Court in Ashok Kumar Thakur v. University of Himachal Pradesh[2] and on a judgment of this Court in M.S. Chakravarthi v. Principal, Sri Kalahasteeswara Institute of Technology[3], held that the Court cannot issue a judicial fiat to the respondents to admit the student therein in 1st Semester examination of the 4th year when he does not satisfy the minimum attendance and thereby violate the mandate of Regulation 5 of the Academic Regulations. The learned counsel submits that the petitioner could not attend the classes since she was sick because of her miscarriage from 27.06.2011. The aforesaid regulation hardly permits any such situation if the attendance falls below 65%. In the light of the aforesaid judgment and in view of the admitted fact that the petitioner had put in only 43.7% attendance, I am of the view that the petitioner is not entitled for any relief. The writ petition is devoid of any merit and the same is liable to be dismissed and accordingly dismissed. _________________ NOUSHAD ALI, J. 27th October, 2011. Js. [1] 2008 (2) ALT 529 (D.B.) [2] (1973) 2 SCC 298 [3] 2005 (2) ALT 184 (D.B.)