DIPUNA.D.P. Vs. VICE-CHANCELLOR

JUDGEMENT

(1.) THE petitioner was a Computer Science student in the 3rd respondent -College; who joined the graduate course of four years, which commenced in 2007 and continued till 2011; with 8 Semesters thereon. The petitioner, while she was continuing her 7th Semester course, could not attend classes, allegedly due to medical reasons, for 26= days. The petitioner, hence, sought for condonation of attendance shortage by Exhibit P2 application. In the meanwhile, she also filed a writ petition before this Court, seeking her continuance in the 8th Semester in the 3rd respondent -College. By Exhibit P3 order, the same was allowed on 08.03.2011. Though she had continued in the 8th Semester classes, obviously she could not get attendance even in the 8th Semester course, since the 8th Semester classes were almost over by the time Exhibit P3 order was passed.

(2.) SUBSEQUENTLY , in the very same writ petition she sought for permission to appear for the 8th Semester examination. This Court by order dated 29.04.2011 directed that the petitioner shall be provisionally permitted to appear for the 8th Semester examination and also noticed that she has been permitted to appear for the 7th Semester examination by the University itself. However, it is not disputed that there was no such permission granted by the University; nor had she appeared for the 7th Semester examination before the passing of Exhibit P5 order.

(3.) THE learned counsel for the petitioner would contend that the Syndicate, by the above noted provisions of the Mahatma Gandhi University Statutes, 1997, has ample power to condone the attendance shortage even beyond the 10% stipulated by the Regulations. It is also contended that the Mahatma Gandhi University Examination Manual provides for condonation up to 10 days and the petitioner's attendance shortage is slightly more than 10 days, being 10.35 days.