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2004 Supreme(AP) 1418

Andhra Pradesh High Court
Judges : BILAL NAZKI, P.S.NARAYANA
M.SUNIL CHAKRAVARTHY - Appellant
Versus
PRINCIPAL SREEKALAHASTEESWARA INSTITUTE OF TECHNOLOGY, SRKIKALAHASTI, CHITTOOR - Respondent
Decided On : 11-26-04

Headnote:

Education Law - Cancellation of exam - Eligibility Criteria - Attendance requirement - Whether cancellation of examination of writ petitioners on ground of short of attendance was legal or not - Their names were displayed by college as having been detained - Thereafter students along with their parents went to college and the college management forwarded their candidature to university for examination - Once university found that 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 requirement under the relevant regulation was 75% - 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 - Held, A student will not be promoted to next semester unless he satisfies attendance requirement of present semester/i year - a Shortage of attendance below 65% in aggregate shall in no case be condone B. Student whose shortage of attendance is not condoned in any semester/i year are not eligible to take their end examination of that class and their registration shall stand cancelled - They may seek re-admission for that semester/ i year when offered next. C. Condonation of shortage of attendance as stipulated in 5 (ii) above shall be granted on genuine and valid grounds with supporting evidence. D. A stipulated fee shall be payable towards condonation of shortage of attendance - Nobody has power to condone attendance below 65% therefore, it should be assumed that even this court cannot order such a condonation - Something which is prohibited by Regulations cannot be subject-matter of a mandamus - Appeal dismissed.

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 authority, if there is no power under the Regulations and Rules. This question has already come up before various courts and has been decided. The learned counsel for the writ petitioners/appellants submits that the learned single judge was not right in holding that the judgment of the Supreme Court reported in Shri Krishnan v. The Kurukshetra, AIR 1976 SC 376, had no application in the matter. Before going to the other judgments, we would first deal with this judgment. It was altogether a different case in different circumstances. There were different grounds taken for cancellation of the candidature of the petitioner in that case. At one stage it was stated that the candidate was involved in offences under Sections 376, 366 and 363 of I. P. C. on the other occasion it was said that he had not obtained permission from superior officers as the course was being run for the persons in service. At one instance it was also said that the candidate had not attended the requisite number of lectures, but a certificate was issued by the principal certifying that he had attended the prescribed number of academic years. There was a dispute also with regard to the fact that whether he had attended the classes or not. It is also not clear from the judgment whether there was any stipulation that beyond a certain point of time, shortage of attendance could be condoned. Therefore the learned single judge was right in not relying on this judgment. However, on the other hand, we have judgments which are on all fours as far as the present case is concerned. We would not be multiplying the judgments, but we would only rely on a few judgments. In Ashok Kumar Thakur, Appellant v. University of Himachal Pradesh and others, AIR 1973 SC 221, the Supreme Court held in paras 4 and 5,"4. The only question that now remains is whether the petitioner s deficiency in the matter of attendance could be condoned by any authority. The final lecture statement of the bilaspur and dharamsala colleges shows that the petitioner was short of 20 lectures in civics, of 18 lectures in economics, of 10 lectures in history and of 8 lectures in english. Now the rules as to condoning of deficiency in the matter of attendance of lectures are to be found in chapter xv of the punjab university calendar 1969. Volume iii (rules ). The relevant rule is 1 (a) and the material portion of it is in the following terms: " (i) taking into consideration the results of the house examinations: (a) the principal of a college affiliated in the faculties of arts, science and oriental learning may condone the deficiency in lectures as under: (i) upto 15 lecturers in each of the subjects;" since the petitioner s deficiency in the matter of attendance exceeded 18 lectures in economics and 20 lectures in civics, it was beyond




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