IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD HON’BLE Mr. JUSTICE R. SUBHASH REDDY Writ Petition No.25467 of 2006 Dated: December 08, 2006 Between: D. Srinivas, S/o. Salaiah, aged about 23 years, Occ: Student, EEE, IV Year, Vignan Institute of Technology and Science, Deshmuki, Pochampally Mandal, Nalgonda District. … Petitioner And The Vice Chancellor, JNTU, Kukatpalli, Hyderabad, and others. … Respondents Order: This Writ Petition has been filed seeking Mandamus to declare the action of the respondents in not promoting the petitioner to the second semester of IV year B. Tech. in the third respondent college as illegal and arbitrary. 2. Petitioner, a student of the third respondent college, claims to have completed III year B. Tech. and got promoted to the classes of IV year. It is his case that he could not attend sufficient number of classes of 1st semester of IV year owing to his ill health. 3. Heard learned counsel for the petitioner and learned Standing Counsel appearing for the second respondent. 4. Learned counsel for the petitioner submits that the shortage of attendance of the petitioner was caused due to reasons beyond his control and it results in great hardship, if he is not permitted to attend the classes of second semester of IV year. 5. Even according to the averments of the petitioner in the affidavit filed in support of the Writ Petition, he possesses only 62% attendance. It is to be seen that the requisite percentage of attendance is ‘75’ and in deserving cases, the Vice-Chancellor is conferred with the power to condone the shortage up to 10%. The shortage of attendance, beyond a point, cannot be excused at all. As per the academic regulations, if a candidate puts in attendance below 65%, he is not eligible to be promoted to the next semester. A Division Bench of this court in M. Sunil Chakravarthy Vs. Principal, Sreekalahasteeswara Institute of Technology, Srikalahasti[1] dealt with this aspect and held that no direction by way of Mandamus can be issued, which is otherwise prohibited by academic regulations framed by the university. Hence, no direction as sought for can be issued in the absence of the petitioner possessing requisite percentage of attendance. 6. The Writ Petition is devoid of merits and is accordingly dismissed. No order as to costs. __________________________ JUSTICE R. SUBHASH REDDY. December 08, 2006 MRR [1] 2005 (1) ALD 253