IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 11051 of 2009 Between: B.Sai Kiran Goud S/o.B.Devendar Goud R/o. Plot No.57, H.No.3-8-380, Road No.4, Suryodaya Colony, L.B.Nagar, Hyderabad. ..... PETITIONER AND 1 The Jawaharlal Nehru Technical University, Kukatpally, Hyderabad, represented by its Registrar. 2 The Principal, Guru Nanak Institute of Technology, Ibrahimpatnam, R.R. District - 501 506. .....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 an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not permitting the petitioner to attend for first year B.Tech (Civil) examinations to be held from 04.06.2009 to 19.06.2009 only on the ground that there is a shortfall of the minimum attendance of 75% in the first year classes is illegal, unlawful, contrary to law and consequently direct the respondents to accept the requisite fee from the petitioner and permit him to attend the remaining first year examinations to be held from 06.06.2009 to 19.06.2009 by issuing the Hall Ticket and pass. Counsel for the Petitioner:MR.M.DAMODAR REDDY Counsel for the Respondent No.: SC FOR JNTU (K.RATHANGA PANI REDDY) The Court made the following : THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No : 11051 of 2009 O R D E R : The petitioner herein joined B.Tech. Civil Course in the second respondent-college. He fell sick during the first year and could not attend the classes regularly. The respondents did not allow the petitioner to appear for the first year examinations on the ground of shortage of attendance. Aggrieved by the said action, the present writ petition is filed. I have heard the learned counsel for both the parties. Admittedly, the petitioner had only 44.95% attendance as against the minimum attendance of 75% required under clause 6 of the academic regulations made by the University. An identical question relating to shortage of attendance in Engineering course in the colleges affiliated to Jawaharlal Nehru Technological University and the effect of Section 6 of the Academic Regulations made by the University was considered by this Court in detail in W.P.No.24114 of 2008 and batch and by order dated 30.06.2009 it was held that shortage of attendance below 65% cannot be condoned in any circumstances. Since the petitioner herein admittedly had only 44.95% in aggregate, he is not eligible to appear for the first year examinations. Hence the action of the respondents in not permitting him to appear for the said examinations cannot be held to be arbitrary or illegal. Accordingly, following the above said order in W.P.No.24114 of 2008 & batch, dated 30.06.2009, the Writ Petition is dismissed. No costs. ______________ G. ROHINI, J. Date: 07.07.2009 KLP