IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY MONDAY, THE TWELFTH DAY OF APRIL, TWO THOUSAND TEN WRIT PETITION No.8088 of 2010 Between: Karan Veerabathina. … Petitioner And The Controller of Examinations, Jawaharlal Nehru Technological University, Kakinada and another. … Respondents Counsel for the petitioner: Sri G.B.S.S.Papa Rao. Counsel for the respondents: Sri K.Rathangapani Reddy for R.1. None for R.2. This Court made the following: ORDER:- This Writ Petition is filed for a Mandamus to declare the action of respondent No.2 in detaining the petitioner on the ground of shortage of attendance in the 2nd semester of IV year B.Tech (ECE) course, as illegal and arbitrary. I have heard Sri G.B.S.S.Papa Rao, learned counsel for the petitioner, and Sri K.Rathangapani Reddy, learned Standing Counsel for respondent No.1- University. The petitioner is a student of respondent No.2- College, affiliated to respondent No.1-University. On the purported ground that he had only 61.83% of attendance in the 2nd semester of IV year B.Tech course, he has not been permitted to appear for the examinations scheduled to be held from 19-4-2010. According to the petitioner, respondent No.2 has not registered his attendance properly. He has given the details in this regard in his affidavit. Exercising jurisdiction under Article 226 of the Constitution of India, it is not possible for this Court to resolve the factual contentions raised by the petitioner. Respondent No.1 is, therefore, directed to call for the record from respondent No.2 forthwith and examine whether the grievance of the petitioner is correct. If, on verification of the record, respondent No.1 finds that the petitioner has put in not less than 65% of attendance, he shall be permitted to appear for the 2nd semester of IV year B.Tech examinations scheduled to commence from 19-4-2010 by condoning the shortage of 10% attendance. If, on the other hand, the petitioner is found to have fallen short of attendance below 65%, respondent No.1 shall pass appropriate order and communicate the same to the petitioner. Respondent No.1 shall complete this exercise before 19-4-2010. Subject to the above directions, the Writ Petition is disposed of. ------------------------------------ C.V.NAGARJUNA REDDY,J Date:12-4-2010 Note: 1) Registry is directed to communicate a copy of this order, forthwith, to respondent No.1, by fax. 2) Issue CC. by tomorrow. (BO) MNR