HONOURABLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION No.7509 OF 2005 Dated 23-12-2005 Between : V. Sunitha daughter of Venkateswara Rao, aged about 23 years, student, resident of H.No.1-7-630/19/3, Gemini Colony, Musheerabad, Hyderabad-48. ….Petitioner. And : 1. The Osmania University, represented by its Registrar, University Campus, Hyderabad and others. …..Respondents. ORDER : The writ petitioner is a student of IV Semester M.Sc., examination. He seeks a writ declaring the action of the respondents in not permitting her to sit for the examination of IV Semester M.Sc., IV Semester from 22-12-2004 to 23-04-2005 as arbitrary and illegal. 2. It is her contention that she suffered with severe low back pain and doctors advised her to take bed rest and therefore, she could not attend IV semester classes from 22-12-2004 to 23-4-2005. 3. The respondents filed counter-affidavit. It is suffice to refer the counter- affidavit of the 3rd respondent. It is stated in paragraph 5 of the Counter-affidavit as follows : “5. Before traversing various allegations contained in the affidavit filed in support of the writ petition, it is just and necessary to submit the following true facts :- (i) I submit that the petitioner joined the respondent college in M.Sc., Botany course. The petitioner completed 3 semesters. However, in the final year (4th semester) 2004-2005, the petitioner had the following shortage of attendance :- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - S.No. Subject No. of classes Classes attended Age of attendance - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1. Paper-I 60 0 0 2. Paper-II 34 0 0 3. Paper-III 32 2 6 4. Paper-IV 39 0 0 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - I submit that the above shows that the petitioner had nil attendance in Papers I, II and IV and only 6% attendance in Paper-III. (ii) I submit that as per the rules framed by the Osmania University, a student should have a minimum of 75% of attendance to be eligible for taking examination. In the present case, the petitioner does not have the required attendance and as such she is not eligible for taking the examination. I also submit that the petitioner never intimated the college about the reasons for not attending the college nor did she apply to the first respondent for condoning the shortage of attendance under intimation to the third respondent. (iii) With reference to allegations contained in para-2 of the affidavit, I respectfully submit that because of the shortage of attendance the petitioner is not entitled to sit for the 4th semester M.Sc., Examinations and there is no illegality in the same.” 4. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the University and the learned counsel for the 3rd respondent. 5. It is no more in dispute that the petitioner did not attend 4th semester classes of M.Sc., from 22-12-2004 to 23-4-2005. The particulars given by the 3rd respondent-institution indicate that the petitioner did not attend the classes for the 4th Semester of M.Sc., Botany. When she has not attended the classes, the question of permitting her to write examination does not arise. As per the rules and regulations governing the post-graduate admissions, 2003, the minimum percentage of attendance a candidate required to be put in is not less than 75%. When the petitioner has not attended the classes, the respondents cannot be found fault in not permitting her to sit for examination. 6. Accordingly, the writ petition is dismissed. No costs. __________________________ Justice B. SESHASAYANA REDDY Date : 23-12-2005. Dvs HONOURABLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION No.7509 OF 2005 Dated 23-12-2005