A RAMA NARAYANA Vs. ANDHRA UNIVERSITY

JUDGEMENT

(1.) The petitioner was a student of Hindu College, Machilipatnam, studying final year B Com. He applied to be admitted to the Andhra University examination held on the 7th of May, 1979 onwards. The University refused his request on the ground that the petitioner did not put in the minimum of school attendance. The petitioner alleges in the writ petition that he fell sick in the month of October 1978 and was bed-ridden till end of January, 1979. That due to this long period of illness, be could not attend the classes and put in the minimum required attendance is the casa of the petitioner.

(2.) The petitioner, therefore, made an application, to the Andhra University through the Principal, Hindu College, Machilipatnam, requesting the Andhra University to grant him exemption from the rule which requires of an University examinee the minimum of school attendance to permit him to attend the final examination. This application of the petitioner accompanied as it was by a medical certificate was fully supported by the Principal of Hindu College, Michilipatnam. Bat the syndicate of the University had refused to condone the petitioner's failure to keep the school attendance. It meant the petitioner could not go to tbe examination. The petitioner, had therefore, filed this writ petition which was admitted on 1st May, 1979, with an interim direction to the University to permit the petitioner to sit for the final B. Com. examination. The petitioner had accordingly appeared for the examination but the publication of the results of the petitioner were withheld as per the directions of this Court. Now the matter comes up for final adjudication.

(3.) The principal contention of the petitioner is that under the provisions of the Andhra University Act and more particularly, sections 23 (2) (k) and section 43 (1) (c) (d) it is the Academic Council alone which has the power to lay down the conditions subject to which exemptions from compulsory attendance can be granted. Inasmuch as the petitioner's application for the condonation has been dealt wi'h by the syndicate under its resolution dated 29th March. 1976, the action of the syndicate refusing the petitioner's application for condonation is without jurisdiction. It is the case of the petitioner that the proceedings of the Academic Council recorded under section 12 of Chapter LXXV of the Andhra University Code, Volume II, Part III, clearly envisages that the syndicate may grant exemption where the case is recommended by the principal of the College of which the student is a member. The petitioner complained that the Syndicate by its resolution dated 29th March, 1976, wrongly resolved that a candidate to be eligible for earning condonation of shortage in attendance must put in a minimum of 50 percent of attendance.