MANOJ KUMAR RATH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is petition for issue of mandamus to the respondents to relax the attendance of the petitioner by 2% and to allow him to take admission in third semester of the Course of Production Engineering.

(2.) IN brief, the facts of the case are that the petitioner, who hails from Orissa, was admitted to the First semester of the Course of Production Engineering at Government Institute of Engineering. Sonepat, in September, 1993. He successfully passed the first semester examination. While going to Orissa at the end of examination, the petitioner fell sick at Delhi and was treated at Delhi between 15. 2. 1994 and 28. 2. 1994. His attendance in second semester fell short by 2% and the Principal of the Institution refused to admit him to the second semester examination which was to be held between 24. 6. 1994 and 11. 7. 1994. The petitioner says that refusal of the respondent No. 3 to allow him to appear in the second semester examination is wholly arbitrary and unreasonable because in similar cases relaxation upto 10% has been given to make up the shortage of the attendance and there is no reason or rhyme to deprive the petitioner of the similar benefit. He has pleaded that the respondents have discriminated him vis-a-vis similarly situated persons.

(3.) I have heard learned counsel for the petitioner and the learned Deputy Advocate General and perused the record of the case.