IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRD DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION NO : 24134 of 2008 Between: Kum. Ch. Shandhya, D/o. Ch. Srinivasulu, R/o. H.No. 23/1085, Aravindanagar, Nellore, Nellore District. ..... PETITIONER AND 1 The Jawaharlal Nehru Technological University, Rep. by its Registrar, Kukatpally, Hyderabad. 2 Priyadarshini College of Engineering & Technology, Rep. by its Principal, Nellore, Nellore District. ....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ, Order or direction more in the nature of Writ of Mandamus declaring the action of the respondents in not permitting the petitioner to appear for the 1st Semester University Examinations of III Year B.Tech Course and the Letter, dated 31-10- 2008 of the 2nd respondent as illegal, arbitrary, violative of Art. 14 and Offending the principles of Natural Justice and consequentially to direct the respondents to permit the Petitioner to appear for the 1st semester examinations of III Year B.Tech course scheduled to commence from 11-11-2008 including practicals and to prosecute her further studies and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner : MR.M.SUDHIR KUMAR Counsel for the Respondents: MR.K.RATHANGA PANI REDDY The Court made the following: THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION NO : 24134 of 2008 ORDER: The petitioner herein joined B.Tech course in the 2nd respondent college. She passed II year and was promoted to the III year B.Tech. While she was in the III year, she fell sick and could not attend the classes for certain period. Alleging that she failed to put in minimum percentage of attendance, the second respondent college did not allow the petitioner to attend the first semester examinations of the III year. Aggrieved by the said action, the present writ petition was filed on 04.11.2008. This Court while issuing notice, by order dated 5.11.2008 directed the respondents to receive the fee and permit the petitioner to attend the examinations (Practical & Theory) of first semester of III Year B.Tech Course. Subsequently, by order dated 15.12.2008 there was a further direction to the respondents to permit the petitioner to attend the classes of second semester of III year B.Tech course. There was yet another order on 09.04.2009 in W.P.M.P.No.8924 of 2009 to accept the examination fee for the second semester examinations of III Year B.Tech course from the petitioner and to permit her to write the examinations, subject to the condition of the petitioner satisfying the criteria of percentage of attendance. It is stated that in pursuance of the interim orders granted by this Court from time to time, the petitioner had appeared for the examinations of both the first and the second semesters of III year B.Tech examinations and she fared well. The 2nd respondent did not choose to file any counter. A counter affidavit has been filed on behalf of the 1st respondent stating that the petitioner had attended only 330 classes out of 524 classes conducted by the 2nd respondent college and put in only 62.9% attendance as against the requisite attendance of 75% in the first semester of the III year. Hence, as per the Regulation 6(i) of the Regulations, she was not eligible to appear for the examinations. However in compliance with the interim directions of this Court, she was permitted to write the examinations, both first and second semesters of III Year B.Tech and the results were kept in abeyance. The petitioner also filed a reply affidavit stating that the 1st respondent did not choose to count her attendance during the period of internal examinations. Heard both the learned counsel. An identical question relating to shortage of attendance in Engineering Course in the colleges affiliated to Jawaharlal Nehru Technological University and the effect of Section 6 of the Academic Regulations made by the University was considered by this Court in detail in W.P.No.24114 of 2008 and batch and by order dated 30.06.2009, it was held that shortage of attendance below 65% cannot be condoned in any circumstances. Since the petitioner herein admittedly had only 62.9% attendance in aggregate in the first semester of the III year, she is not eligible to appear for the first Semester University Examinations of III Year B.Tech Course. Hence the action of the respondents in not permitting her to appear for the said examinations cannot be held to be arbitrary or illegal. Accordingly, following the above said order in W.P.No.24114 of 2008 & batch, dated 30.06.2009, the writ petition is dismissed. No costs. ____________ G.ROHINI, J Dt.03-07-2009 RAR THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION NO : 24134 of 2008 DATED : 03-07-2009