THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO. 10275 OF 2007 Dated 16th June, 2010 Between: Khaja Naseeruddin Qureshi …Petitioner And The Principal/Director, Presidency School of Management and Computer Sciences and another …Respondents Counsel for the petitioner : None appeared Counsel for respondent No.2 : Sri Deepak Bhattacharjee Counsel for respondent No.3 : Sri Andapalli Sanjeev Kumar for Sri S.Sriram The Court made the following ORDER: At the interlocutory stage, the writ petition is taken up for hearing and disposal having regard to the nature of the same. The grievance of the petitioner, in this writ petition, is that he was not permitted to appear for the 2nd semester of III-Year MCA Course scheduled to be held from 15.05.2007. This Court, by order dated 09.05.2007, permitted the petitioner to appear for the said examinations with the direction that his results may not be published until further orders. Detailed counter-affidavits have been filed on behalf of respondents 1 and 2. In the counter-affidavit filed by the Correspondent of respondent No.1, it is, inter alia, stated that the petitioner had been irregular all through the Course and that as he had more than 50% of backlog subjects, he was not promoted to III-Year Course during the years 2004-2005 and 2005-2006, during which period, the petitioner has not even attended the College. It is further stated that the petitioner sought to continue his studies as III-Year student during the academic year 2006-2007 and he failed to attend the internal examinations of the 1st semester of III-Year Course held in December, 2006 and also did not appear for the regular examinations and that subsequently, he appeared for internal examinations of 2nd semester of III-Year held in February, 2007, in which he was allotted marks, which were communicated to the University. It is further stated that the petitioner’s sessional marks of 1st semester of III-Year were not sent to the University on account of his failure to attend the same and that the petitioner’s inability to appear in the 1st semester final examinations of III-Year was on account of his failure to attend the internal examinations. As the scope of the present writ petition is limited to the refusal of permitting the petitioner to appear for 2nd semester examinations of III-Year Course, this Court need not render specific findings on the various aspects pointed out in the counter-affidavit. Since the petitioner was already permitted to appear for the 2nd semester of III-Year examinations, I do not find any reason to withhold the results of the said examination, if he has appeared in the said examinations. However, if the petitioner did not attend the internal examinations of the 1st semester of III-Year, and he incurred ineligibility on account of such absence to complete the Course and obtain degree, declaration of his result in the 2nd semester of III-Year MCA Course would not render him eligible. By mere declaration of result of the 2nd semester of III-Year MCA Course, the ineligibility of the petitioner would not be cured. In other words, unless the petitioner has satisfied the extant Regulations governing the MCA Course by attending all the examinations, both internal and final semesters examinations, within the timeframe fixed by those Regulations, he will not be entitled to conferment of degree. Subject to the above observations, the writ petition is disposed of. C.V.NAGARJUNA REDDY, J Dated 16th June, 2010 vrn