IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE ELEVENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 24674 of 2008 Between: N. Rama Krishna S/o. Shyam Sunder R/o. 9-7-80, Yellam Bazar, Warangal. ..... PETITIONER AND 1 The Jawarlal Nehru Technology University Rep. by its Vice Chancellor Kukatpally, Hyderabad. 2 The Jawarlal Nehru Technology University Rep. by its Chancellor of Examination, Kukatpally, Hyderabad. 3 The Balaji Institute of Technology & Science Rep. by its Principal Laknepally, Narsampet, Warangal-506 331 .....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 to issue a suitable writ order or direction more particularly one in the nature of writ of Mandamus declaring the highhanded action of the Respondents in not permitting us to pay the examination fee for 4/1 Semester of B.Tech Examination and thereby not permitting us to write the said examination which is proposed to be commenced from 10-11- 2008 as illegal, arbitrary and Article 14 and 16 of Constitution of India and direct the Respondents to permit us to pay the examination fee for 4/1 semester of B.Tech examination and consequently permit us to appear for examination commencing from 10-11-2008 and pass Counsel for the Petitioner:SMT.S.A.V.RATNAM Counsel for the Respondent No.: MR.K.RATHANGA PANI REDDY The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 24674 OF 2008 ORDER: 1. This writ petition has been ﬁled by the petitioner assailing the action of the respondents in not permitting him to pay the examination fee for the ﬁrst semester of 4th year B. Tech. Examination. 2. The petitioner is pursuing his Engineering Course in 3rd respondent college. As he failed to achieve the minimum target of 75% attendance, he was he is not permitted to appear for the ﬁrst semester of 4th year Engineering Examination scheduled to be held from 10-11-2008. Various allegations have been made against the 3rd respondent apart from pleading of his ill health from 10-7-2008 to 10-8-2008 for not securing minimum attendance of 75%. 3. When the writ petition came up for admission Sri K.Rathanga Pani Reddy, learned standing counsel for JNTU takes notice on behalf of the respondents 1 and 2. 4. Heard learned counsel appearing for the parties. 5. Learned counsel appearing for the petitioner submits that though the examinations have been commenced, the petitioner deserves to be granted relief as sought for. 6. Per contra learned standing counsel appearing for the respondents submits that the examinations have been commenced and therefore, the relief sought for by the petitioner after commencement of the examination cannot be granted. 7. A fact remains that the petitioner failed to achieve the minimum target of 75% attendance. It is stated in para 4 of the writ aﬃdavit that he did not attend the classes from 10-7-2008 to 10-8-2008 due to ill health. Had he really fell ill he would have made an application to the college to treat it as authorized absence. There seems to be no such efforts made by the petitioner. At the late eleventh hour, the petitioner approached this Court pleading his ill health as ground for not attending the classes from 10-7-2008 to 10-8-2008. 8. Whatever may be the reason. The petitioner failed to secure the minimum target of 75% attendance. A Division Bench of this Court in K.Pradeep Vs. Jawaharlal Technological University,Hyderabad[1] has held when once the student has not secured the required attendance to make him eligible for appearing at the examination, the Court cannot issue a mandamus as prayed for. 9. As on this day examinations have already, commenced. Therefore, relief as sought for by the petitioner cannot be granted. 10.. Accordingly, this writ petition is dismissed at the admission stage. No order as to costs. ______________________________ Justice B. Seshasayana Reddy 11th November, 2008. KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 24674 OF 2008 11th November, 2008. [1] 2002(3) ALD 667 ( DB)