JAYESH H PATHAK Vs. GUJARAT UNIVERSITY

JUDGEMENT

(1.) The petitioner is aggrieved by the non-declaration and cancellation of the result of the examination in M.A. Part-II held in May and June 1992. In para 4 of the petition it is stated as under: The petitioner submits that he was suffereing from Allergic Bronchitis and Allergic Asthmatic Bronchitis and therefore he was unable to attend the lectures at M.A. Part II regularly and therefore some absentism was noted at University School of Social Sciences. A medical certificate was given by the petitioner to the Director School of Social Sciences and the Absentism of the petitioner was thus explained to the Director of the School of Social Sciences. The petitioner submits that despite the aforesaid disease he had attended certain lectures. The exact figure of presence of the petitioner is not known to him which may be called upon from the respondent.

(2.) In the affidavit in reply it is contended that the petitioner has not put in the requisite attendance for the 1st and 2nd terms of the academic year and his presence is as follows: -------------------------------------------------------------------------------- Lectures delivered Minimum Lectures attended Requirement -------------------------------------------------------------------------------- 1 term 90 60 06 2 term 139 93 60 -------------------------------------------------------------------------------- It is therefore submitted that the petitioner has put in less than 25 percent of the attendance in the first academic terms and his total attendance in two terms is only 66 against the minimum requirement of 153 out of 189. It is therefore submitted that in view of the provisions of Ordinance 83(B) of the Gujarat University the name of the petitioner is deemed to stand cancelled from the list of candidates appearing at the relevant examination and in case of his appearance at the examination the result shall not be declared. Ordinance 83(B) reads as under:

(3.) The learned counsel for the petitioner submits that the deficiency ought to have been condoned and secondly it is submitted that once he is having been alleged to appear in the examination the result cannot be with-held.