IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRD DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 24356 of 2008 Between: M.Ravi Kumar, S/o. Ramana, R/o. Bonu Street, Terlam Village & Mandal, Vizianagaram District. ..... PETITIONER AND 1 The Vice Chancellor Jawaharlal Nehru Technological University, Kakinada, Andhra Pradesh, 2 The Principal G.M.R.I.T., Rajam, Srikakulam District. .....RESPONDENT(S) 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 orders more particularly in the nature of Writ of Mandamus declaring the action of the 2nd respondent detaining the petitioner to appear for the 2nd year 1st semester of B Tech. for shortage of attendance through the petitioner has appealed that he was under gone medical treatment supported with the medical certificates which is illegal arbitrary, unconstitutional and against the principles of Natural Justice and consequently direct the respondents to allow the petitioner to appear for the 2nd year 1st semester examinations of B tech(IT) vide J.N.T.U. HALL TICKET NO. 07341A1262 will be hold on 10.11.08. Counsel for the Petitioner : MR. P.VENKATA RAO Counsel for the Respondents : MR. K.RATHANGA PANI REDDY The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.24356 OF 2008 ORDER: The petitioner herein joined B.Tech. course in the 2nd respondent College. He passed first year and was promoted to second year B.Tech. While he was in second year, he fell sick and could not attend the classes for certain period. Alleging that he failed to put in minimum percentage of attendance, the 2nd respondent did not allow the petitioner to attend the first semester examinations of the second year held on 3.11.2008 onwards. Aggrieved by the said action, the present writ petition was filed on 5.11.2008. This Court while issuing notice, by order dated 6.11.2008 directed the respondents to permit the petitioner to appear for the first semester of second year examinations, however the results shall be kept in abeyance. Subsequently by order dated 12.12.2008 there was a further direction to the respondents to permit the petitioner to attend the classes of the second semester of the second year subject to further orders. There was yet another order on 8.4.2009 in W.P.M.P.No.9557 of 2009 to allow the petitioner to appear for the second semester of the second year if the petitioner had more than 75% attendance for the second semester. It is stated that in pursuance of the interim orders granted by this Court from time to time, the petitioner had appeared for the examinations of both the first semester and second semester of the second year examinations and he fared well. A counter-affidavit has been filed on behalf of the 2nd respondent college stating that the petitioner had secured only 62% attendance as against the requisite attendance of 75% in the first semester of second year. Hence, as per the Regulation 6 (i) of the Regulations he was not eligible to appear for the examinations. However in compliance with the interim directions of this Court, he was permitted to write the examinations both first and second semesters and the results were kept in abeyance. Heard both sides. 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 62% in aggregate in the first semester of the second year, he is not eligible to appear for the first semester of the second 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. Dt. 3.7.2009 gbs