HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA W.P. No. 27526 of 2010 DATED: 18.07.2011 Between: E. Namrata .. Petitioner And 1. The Principal 2. The Registrar, Jawaharlala Nehru Technology University .. Respondents O R D E R:- This writ petition is filed seeking a direction to the respondents to issue application form to the petitioner and accept fee for appearing for III year examinations of B. Tech. (E.E.E.), which are going to be held from 04.11.2010 onwards and allow her to write the examinations. The learned counsel for the petitioner submits that after the writ petition was filed, the petitioner was permitted to write the examinations and she wrote the examinations. It is further submitted that now, the respondents may be directed to declare the results. The 2nd respondent – J.N.T. University has filed counter affidavit stating that the petitioner is a student of the 1st respondent – college, which is affiliated to the 2nd respondent, and she has been pursuing 1st semester of III year B.Tech. (E.E.E.) course. As per the report received from the 1st respondent-college, the petitioner has secured only 20% of attendance in 1st semester of III year B. Tech. which is far less than the required percentage of attendance i.e. 75% as per the J.N.T. University Academic Regulations. The learned Standing Counsel for J.N.T. University appearing for the 2nd respondent submits that this Court, in a decision reported in 2008(2) ALT 529, held as follows: “….. Court cannot issue a judicial fiat to University to admit a candidate to semester examination when he does not fulfil the requirement of minimum attendance even after considering permissible shortage, on the ground of sympathy, and thereby violate the mandate of Regulation 6 of Academic Regulations:. It is, therefore, contended that the result of the petitioner cannot be declared as he does not have the requisite percentage of attendance. Earlier, this Court permitted the petitioner to appear for the 1st Semester examinations of III year B.Tech (E.E.E.) and subsequently directed the respondents to announce the results of the petitioner and allow her to continue studies of 2nd semester if she has secured minimum credits as required under the J.N.T. University Academic Regulations. A perusal of the order does not indicate that the petitioner can claim at this stage, any advantage of having appeared for 1st Semester examinations and the purport of this order is that the result of the examination will be subject to the final outcome in the writ petition. Further, as per the counter affidavit filed on behalf of the 1st respondent, the petitioner has got attendance of only 20% which is far below the minimum requirement of 65%. Apart from the above, the present case is squarely covered by the decision rendered by this Court in 2008(2) ALT 529, according to which, the Court cannot issue a judicial fiat to University to admit a candidate when he does not fulfil the requirement of minimum attendance even after permissible shortage on the ground of sympathy. In the above circumstances, particularly in view of the fact that the attendance of the petitioner is far below the minimum required percentage, I find no merits in this writ petition, and the same is accordingly, dismissed. No order as to costs. _____________________ ASHUTOSH MOHUNTA, J 18.07.2011 bcj