THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION NO.5187 OF 2009 ORDER : The petitioners herein are the final year students of MBBS course in the 2nd respondent College. This writ petition is filed seeking a declaration that the action of the 2nd respondent in not allowing the petitioners to appear for Obstetrics & Gynaecology Theory and Practical Examinations held in March, 2009 on the ground of shortage of attendance as arbitrary and illegal. It is pleaded by the petitioners that they were always regular in attending the classes in all the subjects. It is alleged that the Head of the Department of Obstetrics & Gynaecology had wrongly sent a report stating that the petitioners were ineligible to appear for the examination on the ground that they failed to put in 75% of minimum attendance and without verifying the correctness of the said report and without giving an opportunity to the petitioners to meet the alleged shortage of attendance, the 2nd respondent College had forwarded the report to the 1st respondent University. It is also pleaded by the petitioners that except showing in the hall-ticket that they were detained in Obstetrics & Gynaecology, they were not even informed what was the percentage of attendance they had put in Obstetrics & Gynaecology. In the counter-affidavit filed on behalf of the 2nd respondent College while denying allegation that the Head of the Department of Obstetrics & Gynaecology had sent a wrong report, it is stated that both the petitioners 1 & 2 had 70% and 72% of attendance in Theory and Clinical Postings respectively in Obstetrics & Gynaecology. Thus, it is contended that both the petitioners fell short of minimum required attendance of 75% and therefore they were not eligible to appear for the examination in Obstetrics & Gynaecology. During the pendency of this writ petition, the 1st respondent University appointed the Principal of Siddartha Medical College, Vijayawada, to enquire into the various complaints received from the students with regard to the attendance particulars furnished by the Heads of Departments of different Colleges. Accordingly, the 2nd respondent College was visited on 19.3.2009 and after verifying the attendance registers and after recording the statements of the Heads of Departments, the Enquiry Officer submitted his report dated 21.3.2009. On the basis of the said report, the 1st respondent University filed a counter-affidavit stating that the 1st petitioner had 70% of attendance in theory and 64% of attendance in practicals in Obstetrics & Gynaecology. So far as the 2nd petitioner herein is concerned, she had 70% attendance in theory and nil attendance in practicals. As could be seen, there is an apparent discrepancy in the percentage of attendance as originally shown by the Head of the Department in his report and the report submitted by the Enquiry Officer, particularly with regard to the attendance of the petitioners in the practicals. I have heard the learned Senior Counsel appearing for the petitioners as well as the learned counsel appearing for the respondents 1 and 2 in detail. In identical circumstances, W.P.No.3913 of 2009 has been filed by another student of the 2nd respondent College, who was also detained in Obstetrics & Gynaecology on the ground of shortage of attendance, making various allegations with regard to the attendance, particulars maintained in the Department of Obstetrics & Gynaecology. After hearing all the parties concerned and after going through the records, the said writ petition has been disposed of today by a separate order holding that the enquiry report dated 21.03.2009 cannot be taken as conclusive. This Court also expressed that it is not possible for this Court to examine the correctness of the attendance particulars maintained by the Department and record a finding and therefore the matter requires enquiry by an independent authority who is well acquainted with the academic aspects of the medical education. Since the petitioners herein are also similarly situated and particularly since they are seriously disputing the correctness of the attendance particulars maintained by the Department of Obstetrics & Gynaecology in the 2nd respondent College, I deem it appropriate to dispose of this writ petition in terms of the directions in W.P.No.3913 of 2009. Accordingly, the Director of Medical Education (Academic), A.P., Hyderabad, who is also an ex officio member of the Academic Council of the 1st respondent University is hereby directed to make a detailed enquiry into the particulars of attendance maintained by the Department of Obstetrics & Gynaecology in the 2nd respondent College and submit a report with regard to the petitioners’ attendance in Obstetrics & Gynaecology. The petitioners are hereby granted liberty to submit their objections, if any, with regard to the attendance particulars maintained by the Head of the Department of Obstetrics & Gynaecology in the 2nd respondent College to the Director of Medical Education (Academic) on or before 03.08.2009. The Enquiry Officer – Director of Medical Education (Academic) shall make the necessary enquiry taking into consideration the objections, if any, raised by the petitioners and submit his enquiry report within ten days thereafter to the 1st respondent University. Thereafter, the 1st respondent shall pass appropriate orders in accordance with law as to the eligibility of the petitioners to appear for the examination in Obstetrics & Gynaecology and communicate the same to the petitioner as expeditiously as possible preferably within a period of one week from the date of receipt of the Enquiry Officer’s report. Writ Petition is accordingly disposed of. No costs. _______________ G. ROHINI, J. Dt.29.07.2009 gbs Note:- CC by tomorrow. (B/O) kvrm is writ petition is filed seeking a direction to the 1st respondent University to allot the petitioner to appear for the practical examination in Obstetrics & Gynaecology held in April, 2009 either in NRI Medical College, Mangalagiri or Katuri Medical College, Pundrupadu or any other Medical Colleges within the jurisdiction of the 1st respondent University. While alleging that the Head of the Department of Obstetrics & Gynaecology in the 2nd respondent College, having developed prejudice against the petitioner, had been proclaiming in the college that the petitioner would be detained in practical examination in the Obstetrics & Gynaecology he was made a party- respondent to the writ petition. Having regard to the said allegations, this Court while issuing rule nisi, by order dated 2.4.2009 in WPMP.No.9245 of 2009 left it open to the respondents 1 and 2 to make alternative arrangements for the purpose of the said practical examination before a Professor of any other college. Accordingly, the practical examination was held. That apart, W.P.No.3913 of 2009 filed by the petitioner herein aggrieved by the decision of the respondents that the petitioner had failed to put in the minimum percentage of 75% attendance in Obstetrics & Gynaecology has been disposed of by this Court today by a separate order with directions to hold an independent enquiry by the Director of Medical Education (Academic), Hyderabad. In view of the said order in W.P.No.3913 of 2009, no further enquiry is necessary in this writ petition. Accordingly, the Writ Petition is disposed of. No costs. ___________ G.ROHINI, J. Dt. 29.07.2009 gbs