IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 15684 of 2008 Between: G. Shashank, S/o. G. Sudhakar Reddy, H.No. 27-1-736, Balaji Nagar, Nellore. ..... PETITIONER AND 1 Dr. N.T.R. University of Health Sciences, Vijayawada, Krishna District, Rep by its Registrar. 2 Narayana Medical College, Chintareddypalem, Nellore, Rep by its Principal .....RESPONDENT(S) 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 to issue any appropriate writ, order or direction preferably a Writ in the nature of Writ of Mandamus, declaring the inaction of the respondents in not issuing hall ticket to the petitioner for appearing for the examinations scheduled from 22-7-2008 as being illegla, arbitrary and violative of Article 14 of the constitution of India and consequently direct the respondents to forthwith issue hall ticket to the petitioner and permit the petitioner to appear for the 1st year MBBS examinations scheduled to be held from 22-7-2008 onwards and pass Counsel for the Petitioner: MR.N.SRIDHAR REDDY Counsel for the Respondent No.: MR.D.V.NAGARJUNA BABU The Court made the following: O R D E R: This Writ Petition has been filed by the petitioner assailing the action of the respondents in not issuing hall ticket to him for appearing for the examination schedule from 22.7.2008 onwards. The petitioner joined 1st year MBBS course in Narayana Medical College, Nellore-2nd respondent which is affiliated to 1st respondent-Dr.NTR University of Health Sciences, Vijayawada. After joining in course he fell ill and therefore he did not attend classes for some time. He secured the attendance as follows: Subject Theory Practical Anatomy 72 % 65 % Physiology 71 % 69 % Biochemistry 71 % 76 % The aggregate percentage in theory and practical comes to 70.50 percent. Since the respondents did not send him the hall ticket to write the exams on the ground of his not securing 75 percent minimum attendance the action of the respondents is assailed in this writ petition. Heard learned counsel appearing for the petitioner and learned Standing Counsel appearing for the 1st respondent-University. Learned counsel appearing for the petitioner submits that the petitioner could not put up minimum percentage of attendance because of ill-health and the 1st respondent-University is competent to relax the minimum percentage of attendance and the petitioner deserves relaxation. Learned Standing Counsel appearing for the 1st respondent- University submits that as per Regulation 12 (1) of the Medical Council of India Regulations the minimum percentage of attendance is 75 percent in all the subjects and therefore the respondents are justified in not permitting the petitioner to take 1st year MBBS final examinations. Regulation 12(1) of Medical Council of India Regulations reads as under: 12(1) ATTENDANCE: 75% of attendance in a subject for appearing in the examination is compulsory provided he/she has 80 % attendance in non-lecture teaching, i.e. seminars, group discussions, tutorials, demonstration, practicals, hospital (tertiary, secondary, primary) postings and bed side clinics, etc.” As per Regulation 12 (1) of the Medical Council of India Regulations the minimum percentage of attendance is 75 percent in all the subjects to permit a student to appear for the 1st year MBBS final examinations. The petitioner herein has secured only 70.50 percent of attendance. In view of Regulation 12 of Medical Council of India Regulations, the petitioner herein is ineligible to write the 1st year MBBS final examinations. Accordingly, this writ petition is dismissed at the admission stage. 21st July, 2008. (B.Seshasayana Reddy,J) tnb ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RLD} THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO.15684 OF 2008 21ST JULY 2008.