M HARRY LAWRENCE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition coming up for preliminary hearing after notice to the respondents, is disposed of by the following order after hearing the counsel for parties.

(2.) The petitioner is working as Technical Assistant in Bharath Electronics Ltd. He joined the first year diploma course in the School of Engineering Studies, conducted by the L. R. D. E., which is an establishment run by the Defence Department of the Government of India. He could not continue in the course in the said institution for domestic reasons. He, therefore, applied for admission to the two years course in Sri Jayachamarajendra Polytechnic (Evening course). The second year classes were to commence from 16-7-1979. The petitioner sent up his application through his earlier institution in June, 1979 for admission in the institution of the third respondent and was selected for admission on 11-9 1979. The petitioner joined the second year course actually on 13-9-1979. When the petitioner went to the Polytechnic to obtain his hall ticket for the examination, he was informed that the same had been withheld on account of shortage of attendance. There were other students also, whose hall tickets were withheld for the same reason. However, the petitioner approached the Administrator to represent to him that the notice of deficiency in attendance was not given to him and that as he was given late admission, in terms of the regulations, his attendance should be reckoned from the date of admission, and therefore, there was no shortage of attendance in his case. It is stated by the petitioner that the Administrator informed him and the others that only on the recommendation of the Principal would he able to be condone the shortage and not be otherwise.

(3.) The petitioner has set out in detail the percentage of attendance put in by him in each of the classes. From that it is seen that his attendance varies between 67.213 to 48.275, depending upon the number of classes held in those subjects from the commencement of the academic year. By virtue of the interim order passed by this Court, the petitioner has taken the examination for the second year diploma course in the academic year 1979-80.