SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2012 Supreme(AP) 881

High Court of Andhra Pradesh
C.V. NAGARJUNA REDDY, J.
Ms. P. Mounica
Versus
The Vice-Chancellor, Rajiv Gandhi University of Knowledge Technologies, Basara, Adialabad District & Others
Writ Petition No. 25572 of 2012
Decided On : 18-09-2012

Advocates Appeared:
For the Petitioner:P. Vinod Kumar, Advocate.
For the Respondents: GP for General Administration.

Headnote:

Education – Petitioner joined 6-Year Integrated B.Tech., Program – After completing her V Semester, she has entered VI Semester, which is an Introductory Semester for B.Tech., Engineering Course which commences from VII Semester – She was not permitted to pursue B.Tech., Engineering Course from VII Semester onwards on the ground that in VI Semester, her attendance fell short of prescribed attendance – She, has therefore, filed W.P. in this Court – Writ petition is filed for a mandamus to set aside letter of respondent No.3 – Held, Petitioner is a very bright student who secured CGPA between 8.42 and 8.79 – There was no complaint of shortage of attendance against her in PUC course – She has pleaded that due to severe backache, she could not secure prescribed attendance – RGUKT have not disbelieved her plea that due to health reasons she could not put in attendance required for being promoted to PUC and Engineering part of course – Impugned letter is set aside – Writ Petition Allowed

Judgment :

This writ petition is filed for a mandamus to set aside letter, dated 08.08.2012, of respondent No.3.

The petitioner joined 6-Year Integrated B.Tech., Program in Rajiv Gandhi University of Knowledge Technologies (RGUKT), Basara, Adilabad District in the year 2010. After completing her V Semester, she has entered VI Semester, which is an Introductory Semester for B.Tech., Engineering Course which commences from VII Semester. She was not permitted to pursue the B.Tech., Engineering Course from VII Semester onwards on the ground that in VI Semester, her attendance fell short of the prescribed attendance. She, has therefore, filed W.P.No.22560 of 2012 in this Court. The said writ petition was disposed of by order, dated 25.07.2012, and the material portion of the said order is as re-produced below:

“A perusal of the record shows that the petitioner is a bright student with her G.P.A. consistently varying between 8.42 and 8.79. If the alleged severe back-ache is the only reason for her absence, the respondents need to consider her case in terms of the regulations made by the University. The available record does not reveal that the petitioner’s case was considered from this perspective. Accordingly, a direction is issued to respondent No.3 to consider the petitioner’s case with reference to the existing regulation on attendance and if the petitioner satisfies the requirements of the relevant regulation, she shall be promoted. A decision in this regard shall be taken and communicated to the petitioner within one week from the date of receipt of this order.”

Purporting to consider the direction given in the above-mentioned order, respondent No.3 passed the impugned order, wherein he has mentioned as follows:

“I am directed to inform that your case for promotion to B.Tech., I year has been reviewed as per the orders of Hon’ble High Court of Andhra Pradesh, keeping in view your medical record and the SGPA scored by you in PUC I year and PUC II year (8.54 and 8.58). As your are aware the Academic Regulation of RGUKT does not permit promotion of students to B.Tec., I year if a student fails to put in the required attendance percentage of 75 in the concerned semester (PUC Sem6 in your case 41%) and his/her total absence exceeds 60 days in an academic year (You were absent for 73 days in P2). Further, the 6th semester of PUC is not optional for those who want to continue education in RGUKT and it is mandatory.

In view of the rule position given above, I am directed to inform that your are not eligible for promotion from PUC 2nd year to B.Tech., 1st year. However, you can seek readmission to PUC 6th semester during 2012-13 and complete the pass requirements of PUC to become eligible for promotion to B.Tech., 1st year along with your juniors next year i.e., 2013-14.”

Feeling aggrieved by this order, the petitioner filed this writ petition.

At the hearing, Sri P.Vinod Kumar, learned counsel for the petitioner, submitted that the ground on which the petitioner was not allowed to pursue her B.Tech., I year (VII Semester) is contrary to the Rules and Regulations for the 6-Year Integrated B.Tech., Program of RGUKT (for short ‘the Regulations’). He has placed reliance on Regulation 4.3 of the Regulations and submitted that for a student to enter the Engineering part of the Under Graduate Programme (from VII Semester), he has to satisfy the twin requirements of obtaining a CGPA of 6.00 or more by the end of V Semester and must have passed all the subjects in I to V Semesters. The learned counsel further submitted that VI Semester is an optional one which pertains only to introductory session on completion of V Semester (PUC) and that the Regulations have not prescribed the attendance in the said Semester as compulsory. The learned counsel, therefore, submitted that detention of the petitioner on the ground of her falling short of attendance is contrary to the Regulations and arbitrary.

The respondents filed a counter affidavit, wherein th























Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
Judicial Analysis

SupremeToday

SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top