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2004 Supreme(AP) 1418

P.S.NARAYANA, BILAL NAZKI
M. SUNIL CHAKRAVARTHY – Appellant
Versus
PRINCIPAL SREEKALAHASTEESWARA INSTITUTE OF TECHNOLOGY, SRKIKALAHASTI, CHITTOOR – Respondent


BILAL NAZKI, J.

( 1 ) A short point is involved in this writ appeal as to whether cancellation of the examination of the writ petitioners on the ground of short of attendance was legal or not.

( 2 ) THE facts are not at dispute. All the writ petitioners are engineering students of different semesters and they fell short of attendance. Their names were displayed by the college as having been detained. Thereafter the students along with their parents went to the college and the college management forwarded their candidature to the university for examination. Once the university found that the candidates were not eligible, they cancelled their candidature. It was challenged before the learned single judge who has dismissed the writ petition. These candidates have put in attendance ranging from 27% to 35%, whereas the requirement under the relevant regulation was 75%. The college academic committee has the power to condone the shortage of attendance in case of those candidates who have attended 65% of classes and beyond this there is no power with anybody to condone the shortage. This is not disputed. The only question which remains is whether the shortage can be condoned by any author




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