SATISH DATTATRI Vs. UNIVERSITY OF MYSORE

JUDGEMENT

(1.) The petitioners are Engineering students studying in the National Institute of Engineering at Mysore affiliated to the University of Mysore. They are studyingB.E. Engineering Course of 4 years duration spread over in 8 Semesters, eachSemester being of 16 weeks duration. They were permitted the change of the branchon different dates from 15-11-1991 to 22-3-1991 as per Annexures-C to H. Theycontend that they have more than 75% of attendance and that they have put in therequired attendance at the College both before and after the change sought for by* them was permitted and therefore they were eligible to take the III SemesterEngineering Examination of the first respondent-University commencing from22-1-1992. The University having examined the applications of the eligiblecandidates entitled to take examination assured the issuance of the examinationadmission tickets to all the petitioners and the undated hall-tickets were issued to thepetitioners. When the petitioners were seriously preparing for taking theexamination the memo dated 14-1-1992 was notified on the Notice Board of theoffice of the third respondent on 20-1-1992 stating that as directed by the UniversityAuthorities after scrutiny of the attendance records the petitioners and others weredetained in the subjects indicated against their names due to shortage of attendanceas per Annexure-K. Hence, these writ petitions are filed for declaring the impugnedmemo Annexure-K as null and void and as devoid of authority of law.

(2.) This Court on 21-1-1992 issued emergent notice regarding rule and is suedinterim order as prayed for.

(3.) Statement of objection is filed by respondent No. 1 contending that there are Regulations governing the Bachelor's Degree Course in Engineering (B.E.)(Four-year Scheme). According to the Regulations there shall be 8 Semesters spreadover in 4 academic years, each Semester having a duration of 16 weeks.,TheRegulations also provide for minimum attendance, internal assessment marks, etc.The Regulations as such do not provide for change of branch of study. However, Government Order No. ED 92/TEC 83, dated 29-8-1984 provides for change of branch of study subject to the conditions stated therein. Condition No. 9 specifically states that "The Principals should strictly follow the academic rules regarding the eligibility, attendance, sessional marks, last date, etc. as per the notification of the University concerned". In the case of the petitioners the principal of the College has permitted the petitioners to change the branches without the approval of the University and has also certified that the petitioners have put in requisite attendance. The University acted upon the certificate and issued the admission cards. But, the University having come to know that the change of Course was permitted by the Principal at the fag-end of the Semester without verifying as to the requirement of attendance having regard to the fact that the duration of each Semester would be for a period of 16 weeks, instructed that the petitioners did not satisfy the requirements of attendance, to make them eligible to take the examination. Students who have changed the branch of study during the middle or end of the Semester will have to seek permission of the University to take the examination only in those subjects in respect of which they had put in minimum percentage of attendance prescribed in the Regulations. The petitioners therefore were not entitled to take the examination in the subjects in which they had not satisfied the requirement of attendance regard being had to the course of study of each Semester is for 16 weeks. The respondent No. 1 further states that these cases of the petitioners are covered by the decision of this Court dated 10-4-1985, passed in W.P. No. 3610/1985, D.B. Ravi v Director of Technical Education and Others. Thus, respondent No. 1 prays for dismissal of the writ petitions.