KSHITIJ BHARDWAJ Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner, a student of M.Tech in the Har Court Butler Technology Institute, Kanpur (hereinafter referred to as the 'Institute'), has filed this petition for a direction upon the respondent-Institute to permit the petitioner to appear at the second semester examination and take admission in the third semester.

(2.) It is stated that while the petitioner was studying in the second semester, he fell ill from 14th June, 2009 to 29th July, 2009 and because of shortage of attendance, the petitioner was not permitted to appear at the second semester examinations which commenced from 30th July, 2009. The father of the petitioner, therefore, submitted a representation before the Director of the Institute along with a medical certificate that the absence of the petitioner was not deliberate but due to circumstances beyond his control, but still the petitioner was not permitted to appear at the second semester examination.

(3.) A counter affidavit has been filed by the respondent-Institute. It has been stated that since the attendance of the petitioner was less than even 60% in the second semester, the Dean of the Academic Affairs was informed but he did not grant permission to the petitioner to appear at the second semester examination because of shortage of attendance. The petitioner and five other students, whose attendance were also less then 60% were, therefore, not permitted to appear at the second semester examination. It has also been stated that the examinations of the second semester are already over and the petitioner should have sought re- admission in the second semester, attended the classes and then appeared at the second semester examination and only when he clears the second semester examination, that he can be granted admission to the third semester examination.