( 1 ) CAN the students of an Autonomous College, who have failed to attend 75% of the total lectures, claim eligibility to appear at the final examination on the ground that the college has not stipulated such a requirement by framing a Rule or Regulation?

( 2 ) THIS is the main question that arises for our consideration in this appeal filed by the unsuccessful petitioners in Writ Petition No. 29673 of 1998.

( 3 ) THE facts that gave rise to the appeal, in brief, are the following :the fourteen (14) appellants-petitioners (hereinafter referred to as students ) were the students of Sir C. R. Reddy Autonomous College, Eluru, (hereinafter referred as the College ). During the academic year 1997-98 they were studying either in the first year or in the second year degree courses of B. A. /b. Com. /b. Sc. When they were not allowed to appear at the final examinations, in the respective courses, by the College, on the ground that they have failed to attend 75% of the lectures, they approached this Court by filing Writ Petitions Nos. 9865 and 1183 of 1998. Appellants 1 and 2 herein were petitioners in Writ Petitions No. 1183 of 1998 and the other appellants herein were the petitioners in Writ Petition No. 9865 of 1998. Those writ petitions were admitted and an interim direction was granted directing the College to permit the students to appear at the examinations. Accordingly, they appeared at the examinations. Ultimately those two writ petitions, along with some other writ petitions filed by similarly situated students of the College, were disposed of by a learned single Judge of this Court - Hon ble Mr. Justice Syed Saadatulla Hussaini, - on 16-9-1998 with certain directions. The students were permitted to file petitions within ten days from the date of the order, seeking condonation of shortage in attendance. The Principal of the College was directed to forward those petitions to the Andhra University (hereinafter referred to as the University ). A further direction was issued to the effect that the University or the College, as the case may be, should consider those petitions and pass appropriate orders within a period of two weeks. It was also directed that if shortage in attendance is condoned, the College should declare the results of the students.

( 4 ) PURSUANT to the aforesaid directions, the students submitted their petitions to the Principal of the College seeking condonation of shortage in attendance. The then Principal (in charge) of the College forwarded those petitions to the University along with his letter dated 25-9-1998. The Joint Registrar and Controller of Examinations of the University, responding to the aforesaid letter, informed the Principal, by his letter dated 3-10-1998, that the College, being an Autonomous College, has to decide on its own the issue of condonation of shortage in attendance. Thereafter the then in-charge Principal of the College-Dr. D. V. R. K. Prasad - appears to have taken a decision on his own, without referring the issue to the Management of the College, to condone the shortage of attendance of the students and to promote them to the respective next year classes. The in-charge Principal appears to have informed about the said decision to the Registrar of the University by his letter dated 17-10-1998. It also appears that he had unauthorisedly collected Demand Drafts from the students towards tuition fee in the promoted classes.

( 5 ) COMING to know of the aforesaid unilateral decision of the then in-charge Principal - Dr. D. V. R. K. Prasad - the Management of the college acted swiftly and replaced him with another in-charge Principal on 21-10-1998. It appears that disciplinary proceedings were also commenced by the Management against him.

( 6 ) THE successor Principal (in-charge) of the College, having found that the action of his predecessor is irregular and without lawful authority, immediately put up a notice on the notice board of the College informing the stu