IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE EIGHTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 9381 of 2008 Between: K. Madhav Reddy S/o. Late K. Venkat Reddy R/o. H.No.SRT-18, Ameerpet Colony, Hyderabad-500016. ..... PETITIONER AND 1 State of A.P., Rep. by its Principal Secretary, Higher Education, Secretariat, Hyderabad. 2 Jawaharlal Nehru Technological University, Rep. by its Registrar, Kukatpally, Hyderabad. 3 Director of Evaluation, Jawaharlal Nehru Technological University, Kukatpally, Hyderabad-500072. 4 VNR Vignana Jyothi Institute of Engineering & Technology, Bachupally (Via), Kukatpally, Hyderabad-500072, rep. by its Principal. .....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 writ, one in the nature of writ of Mandamus or any other appropriate writ, direction or order declaring the action of the respondents in particular the proceedings dated 08.03.2008 of the 2nd respondent herein in detaining the petitioner from the appearing the 2nd year 2nd semester examinations in EEE Course in 4th respondent college as illegal, arbitrary and unconstitutional and in violation of the principle of natural justice and pass Counsel for the Petitioner:M/SC.KODANDA RAM Counsel for the Respondent No.: GP FOR EDUCATION The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 9381 OF 2008 ORDER: This writ petition has been filed by K.Madhav Reddy assailing the action of respondents 2 to 4 in not permitting him to write II year II semester examination EEE branch which are scheduled on 28-4-2008. 2. The petitioner secured admission In B.E. Course in VNR Vignana Jyothi Institute of Engineering and Technology-4th Respondent for the academic year 2006-07. He fell ill while examinations for the first semester in the second year were ensuing. He was admitted in Apollo Hospital at Jubilee Hills, Hyderabad on 12-11-2007. The doctors conducted preliminary diagnosis and ultimately doctors declared that he was suffering acute Lymphoblastic Leukemia (Blood Cancer). He appeared supplementary examination and completed left over subjects of first semester of second year. He passed in all subjects in distinction. He could not attend the class in second semester due to his ill health. The respondents 2 to 4 did not permit him to appear second semester examination on the ground that he did not possess required percentage of attendance. Hence, this writ petition assailing the action of the respondents. 3. Respondent No.2 filed counter affidavit. It is stated in the counter affidavit that the petitioner did not attend 481 classes conducted by the college and put in 0% of attendance in the second year IInd semester of B.Tech. (EEE) and he did not put required attendance. Relevant portion of the counter affidavit with regard to required attendance reads as hereunder:- “ i. A student has to put in a minimum of 75% of attendance in aggregate of all the subjects for acquiring credits in the 1st year and / or each semester thereafter. ii. Condonation of shortgage of attendance in aggregate upto 10% (65% and above and below 75%) in each semester or Ist year may be granted by the college academic committee. iii. A student will not be promoted to the next semester unless he satisfies the attendance requirement of the present semester/1 year. iv. Shortage of attendance below 65% in aggregate shall I no case be condoned. v. Students whose shortage of attendance is not condoned in any semester/1 year are not eligible to take their end examination of that class and their registration shall stand cancelled. They may seek re-admission for that semester/1 year when offered next. vi. Condonation of shortage of attendance as stipulate din 6(ii) above shall be granted on genuine and valid grounds with supporting evidence. vii. A stipulated fee shall be payable towards condonation of shortage of attendance”. 4. When the writ petition came up for admission on 25-4-2008 an interim direction came to be issued to the 2nd respondent-University to permit the petitioner to appear for the second year second semester of B.Tech. Examination. The Interim order passed on 25-4-2008 reads as here under. “Notice before admission. It is represented that the petitioner had suffered a vare disease and consequently he is hospitalized for a long tenure. As a result of his hospitalization, he fell short of the minimum required attendance. Since, the issue relating to the power of the university as to whether it can condone the shortage of attendance in case of this nature requires detailed examination, post the matter for further consideration on 10-6-2008. In the meantime, since the semester end examinations are approaching, the respondent-University is directed to allow the petitioner to appear for the 2nd semester end examination. But, however, the result may not be declared though his performance may be evaluated”. 5. In pursuance of the interim direction, the petitioner appeared in the examination. Thereafter, the petitioner filed W.P.M.P.No. 22134 of 2008 with a prayer to direct the petitioner to declare the result of the petitioner. When WPMPNo. 22134 of 2008 came up for consideration, with the consent of both the parties, the writ petition itself is taken up for final disposal. 6. Heard learned counsel appearing for the petitioner and learned standing counsel appearing for the Respondent-University. 7. Learned counsel appearing for the petitioner submits that the petitioner could not attend the second semester of second year B.Tech, since he fell seriously ill and his failure to attend classes is not intentional. He further submits that a Division Bench of this Court in similar circumstances allowed the candidate to take examination. A copy of interim order passed in W.A.M.P.No. 2503 of 2006 has been placed on record, which reads as hereunder. “Heard Shri P. Narahari Babu for the appellant and Shri Rathangapani Reddy for respondent Nos. 1 and 2 and perused the record. On our asking Shrit Professor K. Lal Kishore, Registrar, Jawaharlal Nehru Technological University has appeared before the Court. He submitted that despite all elements of sympathy with the appellant, the University finds it difficult to pass a suo moto order for allowing him to take the examination. Having taken note of the statement made by Shri Professor K.Lal Kishore, but keeping in view the fact that the appellant is said to be in the fourth stage of the most dreaded disease so far known to the mankind and the courage shown by the appellant to have made an application to the university to appear in the examination, we as a special case consider it appropriate to pass an interim order and direct the University authorities to allow him to take on going examination of third semester of second year of Electronics and Communication Engineering course. Shri Professor K.Lal, who is present in the Court, says that he would ensure that the appellant is allowed to take examination from tomorrow. We appreciate the gesture shown by the learned Registrar and make it clear that this order shall not be cited as precedent in any other case”. 8. Indisputably the petitioner has not attended the classes of second semester of second year B.Tech. course. When he has not attended the classes, his percentage as per the counter affidavit filed by the University is 0%. Such is the situation, though the petitioner deserves a sympathy, the relaxation beyond the permissible limits with regard to the percentage of the attendance cannot be given. 9. In that view of the matter, the relief sought for by the petitioner cannot be granted. Accordingly, the writ petition is dismissed. No order as to costs. _____________________________ Justice B.Seshasayana Reddy Note: C.C. in three days. B/o KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 9381 OF 2008 8th August, 2008.