AJITH CHANDRAN, Vs. UNIVERSITY OF KERALA

JUDGEMENT

(1.) PETITIONER is a student who is undergoing studies in the 4th respondent College of Engineering. While doing his 5th Semester classes he was unable to write the examination on account of shortage of attendance. According to the petitioner he has suffered an accident as evident from Ext.P1. He made an application Ext.P4 for condoning the shortage of attendance of 7 days. But the complaint of the petitioner is that the Principal has not forwarded the application to the Vice Chancellor. Petitioner approached this Court by filing the above writ petition and an interim order was passed by this Court permitting the petitioner to write the examination provisionally. However, so far the shortage of attendance has not been condoned as the Principal has not recommended to condone the shortage of attendance nor has the application been forwarded to the University. Hence this writ petition is filed seeking a direction to the 5th respondent to accept Ext.P4 application and forward the same and for a direction to the respondents 1 to 3 to act on Ext.P4 at the earliest and also seeking a direction to the respondent to permit the petitioner to appear for the 5th Semester examination.

(2.) THE main contention of the petitioner is that as per the regulations for B.Tech decree course published by the University of Kerala, the principal is bound to recommend the condonation of shortage of attendance and sent the leave application to the Vice Chancellor. Specific reference is made to clause 5.2(iii) of the regulation which reads as under:

(3.) COUNTER affidavit is filed by the University and the first respondent as well as the respondents 4 and 5. It is inter alia contended by the University as well as the College Authorities that the regulations cannot be diluted in order to give any benefit to the petitioner. According to them the physical presence in atleast 50% of the total working periods for each subject is a mandatory provision as provided under regulation 5.2(iii)(a) in addition to 75% attendance in the total number of working hours and physical presence for a minimum of 60% of the total working periods. As far as the Principal is concerned, a student will be permitted to appear for the examination only he or she satisfied the requirements as specified under Sub Clause (a). The Principal cannot recommend the condonation the shortage of attendance if the student does not have the physical presence in at least 50% of the total working periods for each subject which cannot be diluted.