ARBAZ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners are the students of Shaikh Pre-University College of Science, Commerce and Arts, Nehru Nagar, Belgaum. They were not permitted to appear for the II year PUC examinations held from 18.03.2010 onwards on the ground of ineligibility to appear for the examination. Therefore, they have filed these writ petitions for a mandamus directing the respondents to grant permission to appear for the II Year PUC examination for the academic year 2009-2010. In W.Ps. No. 61721-35/2010, this Court passed an interim order on 19.03.2010 permitting the petitioners therein to appear in the remaining subjects of the II Year PUC examinations, subject to the condition that the petitioners should not claim equity if they are found to be ineligible for declaration of their results. Pursuant to the said order, the petitioners have appeared for the examination the remaining subjects of II Year PUC. In W.P. Nos. 62090-94/2010, this Court has not granted any interim order.

(2.) Learned Counsel for the petitioners would contend that the petitioners have regularly attended the classes. However, their attendance has not been marked by the concerned lecturers. On the other hand, Learned Counsel for the 3rd respondent submits that the petitioners were not eligible to appear for the examinations. In order to be eligible to appear for the examination, a student shall have attendance of 75% of the total number of periods in each subject during the academic year. Since the petitioners do not have 75% attendance, they are denied permission to appear for the examination. He has produced the records relating to the attendance of the petitioners in each subject for the academic year 2009-2010.

(3.) From the records made available by the Learned Counsel for the 3rd respondent, the attendance of the petitioners are as under: <FRM>JUDGEMENT_2469_ILR(KAR)_2010_1.html</FRM>