POREDDY AKSHAY REDDY Vs. PRINCIPAL

JUDGEMENT

(1.) This Writ Petition is filed under Article 226 of the Constitution of India for issuing a writ of mandamus to declare the circular dated 14.12.2019 of the 1st respondent college, whereby the petitioner is detained and not permitted to sit for the first semester exam of the first year B.Tech course on the ground of shortage of attendance as highly arbitrary, unjust, unreasonable and violation of principles of natural justice.

(2.) Heard Sri Tulsi Raj Gokul, learned counsel for the petitioner, Sri M. Srikanth, learned Counsel representing 1st respondent college and Sri Dharmesh Jaiswal, learned counsel appearing for Sri V. Ramchander Goud, learned Standing Counsel for the 2nd respondent University.

(3.) The case of the petitioner as pleaded is that, the petitioner having secured admission in 1st respondent college to pursue B.Tech couse during the year 2019-20, could not attend the class due to medical reasons resulting in shortfall of attendance below the percentage prescribed by the 2nd respondent university for allowing a student to take exam. Admittedly, the petitioner is not having the required percentage of attendance viz., 75% for being permitted to take first year semester examination of the B.Tech course. The learned counsel for the petitioner submits that the attendance of the petitioner is 50.91%, however, the case of the petitioner should be considered as exceptional case, since the petitioner is suffering with epilepsy and also had met with an accident during the period of study of first semester course. Learned Counsel for the petitioner submits that having regard to the exceptional circumstances which the petitioner is faced with a lenient / sympathetic view may be taken and by permitting the petitioner to write the examination by imposing condition prescribing higher percentage of attendance in the subsequent semesters. In support thereof places reliance on the judgment of this Court in P. Raghu Vamshi v. Vice-Chancellor, JNTU, 2006 1 ALD 294.