THE HON'BLE MR JUSTICE V ESWARAIAH AND THE HON’BLE SRI JUSTICE G.KRISHNA MOHAN REDDY WRIT APPEAL Nos.594 and 596 of 2011 DT.29.09.2011 Between: S.Rasool Subhani … Appellant And Jawaharlal Nehru Technological University & Ors. … Respondents the Petitioners: Sri P.S.P.Suresh Kumar Counsel for respondent: Sri The Court made the following COMMON JUDGMENT: THE HON'BLE MR JUSTICE V ESWARAIAH AND THE HON’BLE SRI JUSTICE G.KRISHNA MOHAN REDDY WRIT APPEAL Nos.594 and 596 of 2011 COMMON JUDGMENT: The appellant and the respondents in both the writ appeals is one and the same, hence are being disposed of by this Common Judgment. The appellant is a student of B.Tech with subjects Electronics and Communication Engineering (ECE Branch) in the 2nd respondent college having joined the course in the year 2008. He passed 1st and 2nd Semesters of B.Tech 1st year. Thereafter, he had been promoted to the 2nd year and he passed the 1st Semester of it. While he was undergoing the 2nd Semester of 2nd year B.Tech, he fell ill and secured only 54.20% of attendance at the end of it (the 2nd Semester of the 2nd year). As per the university norms, a student should have minimum of 75 percentage aggregate attendance to appear university examinations. The appellant was informed by the college by letter dated 29-4-2010 that he was not eligible to write the examinations of the 2nd semester of the 2nd year due to lack of attendance, but however, he was eligible to re-admit/rejoin for the same semester in the next academic year 2010-2011 and could write supplementary examination if any. Aggrieved by the said letter dated 29-4-2010, the appellant filed W.P.No.10851 of 2010. It is stated that pursuant to the interim order passed by this Court in WPMP.No.13874 of 2010 in W.P.No.10851 of 2010, he was permitted to appear for the II year II semester examinations. Consequently, he was permitted to appear for the classes of III year 1st semester. It is stated that this Court also passed an interim order permitting him to continue III year II Semester. Thereafter, the 1st respondent university by a letter dated 09-12-2010 communicated to the 2nd respondent college that the petitioner ought not to have been permitted to attend the III B.Tech II Semester classes commencing from 13-12-2010 as per the academic regulations of the university but he could be re-registered for II year B.Tech II Semester as he was detained in II B.Tech II Semester earlier. Questioning the said order dated 09-12-2010, he filed another W.P.No.32543 of 2010. W.P.No.10851 of 2010 was dismissed by the learned Single Judge by orders dated 20-6-2011 on the ground that admittedly the appellant had secured only 54.20% of the attendance, and therefore he was not entitled to appear for the II Semester of the II year B.Tech Examinations. The learned Judge further observed that even though the petitioner was ill, the maximum shortage of the attendance could be condoned up to 10%, but after doing that still the appellant was shortage of requisite minimum percentage of attendance of 65% to appear for the aforesaid examinations. Reliance was placed on B.Yugandhar v. Principal, Kuppam Engineering College, Kuppam, Chittoor District wherein a Division Bench of this Court held that the action of the Principal in declining to entertain the candidature of a student to appear for examinations on account of shortage of attendance could not be interfered with and no directions be issued to the University to violate the mandate of Academic Regulations on the plea of sympathy. The order of the learned Single Judge is acute comprehensive and rational with reference to the eligibility of the petitioner to get to the next academic year. For the foregoing reasons, we do not see any legal infirmity or otherwise in the orders impugned. The writ appeals are accordingly dismissed. No costs. _______________ (V.ESWARAIAH,J) ______________________ (G.KRISHNA MOHAN REDDY,J) DATE: 29.09.2011 grk THE HON'BLE MR JUSTICE V ESWARAIAH AND THE HON’BLE SRI JUSTICE G.KRISHNA MOHAN REDDY (The Judgment of the Bench delivered by Hon’ble Sri Justice V.Eswaraiah) WRIT APPEAL Nos.594 and 596 of 2011 DATE: 29.09.2011 GRK