SHREYA K.S. Vs. VISHVESVARAYA TECHNOLOGICAL UNIVERSITY

JUDGEMENT

(1.) THE petitioner is before this Court seeking for issue of mandamus to direct the first respondent to consider the representation at Annexure -H and further direct the respondents to permit the petitioner to take part in the sixth semester Electronics and Communication Engineering examination in the second respondent -college.

(2.) THE petitioner is a student of the second respondent -college studying in the sixth semester of the Electronics and Communication Engineering Branch. The petitioner contends that she has completed 1st to 5th semesters with distinction and to demonstrate the same, the petitioner has also relied upon the copies of the marks card produced as Annexures. When this was the position, the petitioner met with an accident on 01.03.2014 which resulted in spine injuries and she was admitted to Sri Sairam Hospital where she was operated and ultimately discharged on 06.03.2014, but had to be admitted to the hospital again on 24.04.2014 for the fracture that she had suffered. Due to the same, she was unable to attend the classes during the period when she was pursuing her sixth semester. The resultant effect was that the respondents have considered the case of the petitioner as a case of shortage of attendance and had not permitted the petitioner to appear for the examination. It is in that circumstance, the petitioner is before this Court since the representation as had been made by the her was also not considered.

(3.) AT the outset, having noticed the fact situation herein, the respondents would have to be directed to announce the results of the petitioner also. Insofar as the reason for which the respondents had not permitted the petitioner to take up the examination and in that regard with reference to the Regulations, the learned counsel for respondent No. 1 would submit that even the discretion that is vested with the Vice Chancellor is only to condone the attendance to the extent of 10% and even if such discretion is exercised, in the instant case, the case of the petitioner cannot be considered favourably.