THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.23706 of 2009 ORDER: The petitioner is a student of Engineering in respondent No.1 College. It is stated that after he joined the first semester of II year, he has fallen from a staircase on 10.07.2009 and suffered a fracture injury that warranted hospitalization and operation. He is said to have attended classes only from October, 2009 onwards. This naturally led to shortage of attendance. The petitioner has to his credit, only 28% of attendance as against 75%. The respondents have not permitted the petitioner to take first semester examination of II year, which is to commence from 16.11.2009. He seeks appropriate directions in this regard. Heard the learned counsel for the petitioner and the learned Standing Counsel for the University. The minimum attendance prescribed by the University is 75%. In exceptional cases, the Vice Chancellor can condone the shortage of attendance up to 10%. That means, a candidate must have minimum 65% attendance. Assuming that the Vice Chancellor would finally consider his case, depending on the justification for absence, when the attendance of the petitioner is hardly 30%, the question of his being permitted to appear in the examination does not arise. Though there may have been justification for the petitioner in not attending the classes, what becomes relevant is the actual undergoing of instructions in the class room. Therefore, this Court is not inclined to grant any relief as regards permission to appear in the examinations. The learned counsel for the petitioner submits that his client has paid the tuition fee for II year and the same may be taken into account when the petitioner pursues the course next year. This, however, is a matter, which needs to be taken into account by the respondent No.1. Since the failure of the petitioner to attend the classes was on account of unintended incident, the same can be taken into account by the respondent No.1 as and when the occasion arises. The writ petition is accordingly disposed of. There shall be no order as to costs. _____________________ L.NARASIMHA REDDY,J Dt:04.11.2009 kdl