M MOHANA Vs. BHARATHIYAR UNIVERSITY

JUDGEMENT

(1.) The above writ appeal has been directed against the order of the learned single Judge in W.P.7884 of 1999 dated 30-4-1999.

(2.) The claim of the appellant is that she joined the Coimbatore Law College to undergo five year degree course in the academic year 1991-92. While she was studying in the 4th year, she met with a ghastly accident and was hospitalised and hence she could not put in required attendance. Similarly in the fifth year, she had to undergo operations to set right the multiple fractures and because of which she could not put in the required attendance. She filed suits and after obtaining interim orders, she appeared for the fourth year and fifth year examinations. According to her, the learned District Munsif dismissed the suit in O.S. 2092 of 1996, and held that the appellant had put in 55.16% of attendance in the 4th year and 61.2% attendance in the 5th year. Though it may be that the Principal had no power to condone the shortage of attendance of students beyond 10% out of the total number of working days, under Clause 17 of the Guidelines for attendance of students, issued by the Controller of Examinations, Barathiar University, the Syndicate has power to condone, under extra ordinary circumstances, upto 20% out of the total number of working days. The appellant would further claim that the 4th respondent viz., the Principal of the Law College gave wrong statement of attendance to the respondents 1 and 2 and that had caused irreparable loss and hardships to the appellant. The writ petition was filed with a prayer to issue direction to the respondents to condone the lack of attendance in the academic year 1994-95 and 1995-96 and publish the result of the examinations undertaken by the appellant during June, 1996.

(3.) The learned single Judge dismissed the writ petition on the following grounds :