N G PRASANNAKUMAR Vs. BANGALORE UNIVERSITY

JUDGEMENT

(1.) These petitions coming up for preliminary hearing on, notice to respondents in 'B' Group the following order is made.

(2.) The petitioner in the first mentioned petition was a student of Shri Jagadguru Renukacharya College of Arts and Science, studying in II Year B.A. (academic year 1978-79). Even his first year in the decree course was in the same College. The petitioner allegedly fell ill en or about 25th January, 1979, and has averred that in, that period including the period of recovery from his illness, he could not attend classes on the advice of the Doctors, Later, he was regular in his attendance at the classes conducted by the College. He paid Rs.50|- as Examination fee for II Year B.A. to be conducted by the University in the month of May, 1979 as directed by the Principal of the College However, the petitioner has further stated that at the time of receiving the Examination fee, he was not informed that he would suffer from shortage of attendance to make him ineligible for taking the Examination. He has further slated that he even took the arrears of fee of Rs. 127 /-. hoping to get the admission ticket. But. he; was informed by the College authorities namely, 2nd respondent, of the shortage of attendance and, the College refused to accept the tution fee and did not also issue admission ticket for the Examination. The petitioner has also stated that in the case of other students, shortage of attendance was condoned and such students were allowed to take the Examination. In these circumstances, being aggrieved by the refusal of admission ticket by the 2nd respondent, he has approached this Court for relief under Art. 226(1) (b) and (c) of the Constitution. The 1st respondent is the Registrar of the University of Bangalore, who is also represented by Counsel. The 2nd respondent is the Principal of the College and has also entered appearance and filed his statement of objections. In the said statement of objections, it is averred that the petitioner had never intimated about his illness to the College. The 2nd respondent has only admitted receiving the Examination fee and has denied all other allegations of the petitioner. The 2nd respondent has further stated in the statement of objections that the deficiency in the attendance in each of the classes was being pointed out by the teachers almost every term with a request to the. students to makeup the shortage by more regular and proper attendance in future, it was further stated that the Principal had power to recommend for condonation to the University only upto 40 per cent of the attendance shortage and not otherwise. It was further stated that the, petitioner's attendance in the College for II year was only 33 per cent of the prescribed number of 365 periods for the relevant academic year, the petitioner having attended 123 periods.

(3.) The petitioner in the second of the petitions is also a student of the same College. But, he is a Science student with Physics, Chemistry and, Mathematics, as his subjects. His averments are more or less similar. He has asserted, that he was regular in his attendance, but he has been marked absent incorrectly by the teachers who tqok the classes. He was also refused admission ticket for the II year B.Sc., Examination for the academic year 1978-79. Aggrieyed by the refusal of the admission ticket on ground of shortage of attendance, he has approached this Court under Art. 226 of the Constitution for relief.