UDARI LATA MAISAIAH Vs. JAWAHARLAL NAHRU

JUDGEMENT

(1.) THE petitioner by the time of filing of the writ petition was in IV year 1st semester B.Tech (Bio-technology) course studying in the 2nd respondent's college i.e. Sreenidhi Institute of Science and Technology, Ghatkesar, Hyderabad, which is affiliated to 1st respondent University. She was not allowed to take IV year 1st semester examinations scheduled from 8.11.2010, on the ground that she was not having required percentage of attendance. Questioning the same, the petitioner approached this Court with this writ petition under Article 226 of the Constitution of India seeking 'writ of mandamus.' At the outset, Sri L. Ravi Chander, Advocate who submitted arguments on behalf of the petitioner, fairly conceded that in case the petitioner did not have 65% of attendance, then she is not eligible for appearing for the examinations and that the petitioner has no remedy before this Court.

(2.) THE 1st respondent's Counsel placed reliance on B. Yugandhar v. Principal, Kuppam Engineering College, Kuppam, Chittoor District, 2008 (2) ALT 529 (DB), of this Court, wherein Division Bench of this Court while confirming order passed by Single Judge of this Court in a writ petition held that no direction can be given to the University to violate mandate of academic regulations on a plea of sympathy. THErefore, it has to be seen whether the petitioner's case falls within academic regulations of the University for the course.

(3.) AS per contention of the petitioner in the affidavit filed in support of this petition, the petitioner had put up 52.95% of attendance. But, the 1st respondent in the counter averred that the petitioner was having 62% of attendance for that semester in question. It is stated by the Standing Counsel for the 1st respondent that if presumptive attendance is given for the candidate for preparation holidays, etc., then total percentage of the petitioner's attendance comes to 62%. Since the percentage of attendance given by the 1st respondent is beneficial to the petitioner, the petitioner's attendance is taken as 62% during the relevant semester.