Y.LOKESH NAIDU Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is filed seeking to issue a writ of mandamus declaring the action of the 2nd respondent in not permitting the petitioner to appear in re-jury internal examination in Architectural Design subject in 6th Semester scheduled from 25-06-2018 to 29-06-2018 as also supplementary examination for all the subjects of 6th Semester scheduled in the month of July, 2018 along with students of 2015-16 batch on the ground of short of attendance of the petitioner in attending the classes and in not applying the new credit pattern examination rules to the petitioner who is a student of 2014-15 batch as being illegal and arbitrary and violation of Art. 14 and 21 of the Constitution and for issuance of appropriate consequential directions.

(2.) The gravamen accusation of the petitioner is that in his 6th Semester during the academic year 2017-18, he did not attend classes from 10-01-2018 to 20-02-2018 (including the study tour during 04-02-2018 to 10-02-2018) as he suffered with Dengue fever and the same was brought to the notice of the 2nd respondent vide letter dated 22-02-2018 by enclosing a medical certificate issued by the Doctor in that behalf. Petitioner states that short of attendance on account of his illness is only 3% and against the minimum required attendance of 75%, as he has got attendance of 72%. That respondents condoned such minimal short of attendance in respect of similarly placed students, but singled out him for such preferential treatment. Hence, this writ petition.

(3.) Sri Mirza Safiulla Baig, learned counsel for the petitioner strenuously contended that in the light of the directions issued by the 1st respondent to the 2nd respondent and other 2 colleges in matters of granting relaxation of attendance on account of genuine medical grounds/exigencies, on such case being the petitioner's case and the case of the petitioner had been recommended by the Dean Academics for admitting to such a relaxation, not allowing the petitioner to appear for 3rd year, 6th Semester springs despotism and such a pedantic approach jeopardized the career of the petitioner.