IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE TWENTY SIXTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT APPEAL No. 465 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 12/03/2008 in WP NO : 23863 OF 2007 on the file of the High Court.) Between: Deccan Collegeof Engineering & Technology, Dar-us-salam, Hyderabad - 500 001, rep. by its Principal. ..... APPELLANT AND 1 A. Manas Reddy, S/o. A. Surendera Reddy, IV Year B.E-E.E.E. Student, Deccan College of Engineering & Technology, Dar-us-salam, Hyderabad - 500 001. 2 Osmania University of Tarnaka, Hyderabad, Rep. by its Registrar. .....RESPONDENT(S) Counsel for the Appellant : MR.K.G.K.PRASAD Counsel for the Respondent No.1 : MR.B.VISWANATHA REDDY Counsel for the Respondent No.2 : MR. DEEPAK BHATTACHARJEE The Court made the following : THE HON’BLE SRI JUSTICE D.S.R. VARMA AND THE HON’BLE SRI JUSTICE G. CHANDRAIAH WRIT APPEAL No.465 of 2008 ORAL JUDGMENT: (per the Hon’ble Sri Justice D.S.R.Varma) Heard learned counsel appearing for the appellant-College as well as the learned counsel for the first respondent-writ petitioner and also the learned Standing Counsel for Osmania University, appearing for respondent No.2. 2. This writ appeal is filed by the Deccan College of Engineering & Technology, Dar-us-Salam, Hyderabad, who is the second respondent in the writ petition, aggrieved by the order, dated 12-03-2008, passed by a learned single Judge of this Court in W.P.M.P.No.4907 of 2008 in W.P.No.23863 of 2007, permitting the petitioner to appear for the final examinations of the second Semester of IV Year B.Tech./B.E. course and directing the first respondent-University to declare the results of the said examination. 3. Appellant is the second respondent-College and respondents are the writ petitioner and the Osmania University, respectively. 4. For the sake of convenience, in this judgment, the parties will be referred to as per their array in the writ petition. 5. The entire controversy is relating to the eligibility of the petitioner to appear for the examinations of second Semester of IV Year B.Tech./B.E. course. 6. It appears that the petitioner did not secure the required number of days of attendance to appear for the final examinations of second Semester of IV Year B.Tech./B.E. course pursuant to his participation in sports activities. It is not in dispute that he brought Medals to the second respondent-College in the year 2006. As a result of his participation in sports activities in that particular year, there was a shortage of attendance and, therefore, he was not permitted to appear for the First Semester of IV Year B.Tech./B.E. course, which resulted in filing of the writ petition by the petitioner. 7. A learned single Judge of this Court, by order, dated 12-11-2007, passed in W.P.M.P.No.31083 of 2007, permitted the petitioner to appear for the First Semester of IV Year examinations. Subsequently, by order, dated 12-03-2008, passed in W.P.M.P.No.4907 of 2008, the petitioner was permitted to appear for the final examinations of second Semester of IV Year B.Tech./B.E. course and the results were also directed to be declared by the first respondent-University. Aggrieved by the said order, dated 12-03-2008, the second respondent-College has preferred the present writ appeal. 8. Learned counsel for the second-respondent College vehemently contends that there is no controversy with regard to the interim order, dated 12-11-2007, allowing the petitioner to appear for the first Semester of IV Year B.Tech./B.E. examinations. 9. It appears that pursuant to the order, dated 12-11-2007, when a contempt case was filed by the petitioner, results of the first Semester of IV Year were declared. Subsequently, by order, dated 12-03-2008, which is now being impugned in this appeal, the petitioner was permitted to appear for the final examinations of second Semester of IV Year B.Tech./B.E. course and the results were also directed to be declared wherein he was declared as passed. The net result is that the petitioner had passed in all the Semesters of IV Year B.Tech./B.E. course. 10. Therefore, the issues that remain for consideration are— (1) Whether the learned single Judge is justified in permitting the petitioner to appear for the final examinations of second Semester of IV Year B.Tech./B.E. course? (2) Whether the cause shown by the petitioner for not securing the required percentage of attendance is justifiable? and (3) Whether the first respondent-University can consider the case of the petitioner for relaxation of the shortage of attendance for appearing for the final examinations of second Semester of IV Year B.Tech./B.E. course, in view of the facts and circumstances of the case. 11. All the above issues are to be decided by the learned single Judge at the time disposal of the writ petition finally. 12. Therefore, we are convinced that it is eminently a fit case to direct the first respondent-Osmania University, which is not the appellant herein, to declare the results of the petitioner. In the meanwhile, the petitioner is at liberty to make a representation to the first respondent- University, seeking condonation of shortage of attendance, if any, to appear for all the Semesters of IV Year B.Tech./B.E. course, and on such representation being made, the first respondent-University shall consider the same and pass appropriate orders, keeping in view the over all academic performance of the petitioner and his brilliance in sports activity, as well, un-influenced by any of the remarks or the views expressed by the second respondent-College, coupled with pragmatic approach. 13. It is further made clear that the declaration of results and all further consequential proceedings would be subject to outcome of the writ petition. 14. Post the writ petition for final hearing on 23-01-2009. 15. With the above observations and directions, the writ appeal is disposed of, at the stage of admission. There shall be no order as to costs. ________________________ JUSTICE D.S.R.VARMA __________________________ JUSTICE G.CHANDRAIAH 26-12-2008. NOTE: Communicate operative portion with regard to declaration of results by wire at party’s cost. (B/O) Msr. THE HON’BLE SRI JUSTICE D.S.R. VARMA AND THE HON’BLE SRI JUSTICE G. CHANDRAIAH WRIT APPEAL No.465 of 2008 26-12-2008 (Msr)