KIRIT SAHAI Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner, a student of B.Tech III year in the Ajay Kumar Garg Engineering College, Ghaziabad (hereinafter referred to as the 'College') which is affiliated to the U.P. Technical University, Lucknow (hereinafter referred to as the 'University'), has filed this petition for a direction upon the respondents to permit the petitioner to appear at the 5th Semester examination of the III year.

(2.) It is pointed out by Sri Ram Jee Saxena, learned counsel appearing for the petitioner that the shortage in attendance of the petitioner should have been condoned in accordance with the Ordinances framed by the University as the attendance of the petitioner was 51% and failure to condone the shortage has resulted in loss of one academic year of the petitioner. Learned counsel further submitted that in any case, the College should have held extra classes so that the petitioner could satisfy the attendance requirements and in support of his contention learned counsel placed reliance on the judgment of the Calcutta High Court in Sudipta Chowdhury and others v. West Bengal State Council of Technical Education, decided on 19th May, 2011.

(3.) Learned counsel appearing for the respondent-University and the College have, however, submitted that the attendance of candidates admitted to the B. Tech Course in the College for the purpose of appearing at the respective examinations have been strictly examined in accordance with the Ordinances framed by the University and the list of detained candidates who did not have the requisite 60% attendance was displayed on the notice board.