IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 7597 of 2009 Between: M. Krishna Chaitanya, S/o. Mohan Rao, R/o. Plot No. 310, End Cos Country, CZECH Colony, Sanath Nagar, Hyderabad. ..... PETITIONER AND 1 The Principal, V.N.R. Vignan Jyothi Institute of Engineering & Technology, Bachupally, Hyderabad - 500 072. 2 The Vice Chancellor, Jawaharlal Nehru Technological University, Kukatpally, Hyderabad. .....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 particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents in not allowing the petitioner for the Examinations scheduled from 09-04-2009 for the II Semester of II Year of Engineering (Civil) in the 1st Respondent College, as arbitrary, illegal, unjust and discriminatory and consequently direct the Respondents to permit the petitioner for examinations scheduled from 09-04-2009 for the II Semester of II Year of Engineering (Civil) in the 1st Respondent College. Counsel for the Petitioner: MR.P.VENKATA RAO Counsel for the Respondent No.: MR.K.RATHANGA PANI REDDY The Court made the following : THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No : 7597 of 2009 O R D E R : This writ petition is filed aggrieved by the action of the respondents in not allowing the petitioner to appear for the II semester, II year examinations of Engineering course on the ground that he did not have the minimum 75% of attendance. Heard both sides. Whereas it is pleaded by the petitioner that on account of ill- health he missed some classes and his attendance fall short of only 4%, in the counter affidavit filed on behalf of the first respondent- college, it is stated that the petitioner had only 53.13% of attendance. Such a disputed question of fact cannot be enquired into by this Court. As held by this Court in W.P.No.24114 of 2008 and batch dated 30.06.2009, shortage of attendance below 65% in aggregate shall not be condoned in any case. However, if the shortage is between 65% and 75%, the College Academic Committee is competent to condone the same for genuine reasons. In the instant case, since there is a dispute with regard to the attendance of the petitioner in the II semester of II year, I deem it appropriate to dispose of the writ petition permitting the petitioner to make an appropriate representation before the University as well as the College putting forth his case that his attendance falls short of only 4% along with supporting material on or before 31-07- 2009. If any such application is made within the time prescribed above, the College Academic Committee shall consider the same in accordance with law and submit its report to the University within one week thereafter. On the basis of such report, the University shall pass a final order with regard to the eligibility of the petitioner to appear for the examinations. Till such time, the petitioner shall be permitted to appear for the next semester classes subject to the final order that may be passed by the University. It is made clear that this shall not entitle the petitioner to claim any equities in case the decision of the University goes against him. No costs. ______________ G. ROHINI, J Date: 22-07-2009 Note: Issue C.C. by Friday. B/o KLP