ORDER:

This writ petition is filed seeking the following relief:

To issue Writ of Mandamus (1) to declare the action of the 1st respondent in detaining me and not permitting me to appear in the lab exams commenced on Dated 09.01.2022 and ending on Dated 12.01.2022 of Civil Engineering branch 4th year 1st semester as illegal arbitrary and violation of principles of natural justice and in violation of Articles 14, 19 & 21 of constitution of India (2) to declare the action of the 1st respondent in not permitting me to appear in the 4th year 1st Semester end exams which are scheduled to be held from Dated 17.01.2022 on the ground of shortage of attendance i.e. having 52% of attendance instead of 65% attendance without considering the advanced stage of my pregnancy as illegal arbitrary contrary to principles of natural Justice and Contrary to provisions of Maternity Act 1961 and in violation of Articles of 14, 19, 21, 41 and 42 of Constitution of India and consequently direct the 1st respondent to permit me to appear in the end exams of Civil Engineering Branch 4th year 1st semester which are scheduled to be held from Dated 17.01.2022 by providing me the Hall ticket bearing No.19705A0158 and also permit me to appear in the supplementary exams of lab exams of Civil engineering branch 4th year 1st semester.”

2. The case of the petitioner is that she is prosecuting 1st Semester 4th year in Civil Engineering Branch in the first respondent college. Due to advanced pregnancy, the petitioner did not attend college from 10.10.2021 to 26.11.2021. After delivering baby on 11.11.2021, she attended college after gap of 15 days. While the matter stood thus, the first respondent included the name of the petitioner in the list of detained persons as she was having shortage of attendance i.e., 52% instead of 65% and placed the said list in the notice board on 06.01.2022, asking them to submit their explanations within two days. Thereafter, the first respondent published the final list without hearing the objections of the petitioner. Thereafter, the petitioner made representation on 07.01.2022 to the first respondent explaining the reasons for not attending classes from 10.10.2021 to 26.11.2021. But, the first respondent refused to consider the representation of the petitioner. Therefore, she was not permitted to appear in the 4th year 1st semester and lab exams. Aggrieved by the action of the first respondent in detaining and not permitting the petitioner for the examinations, the petitioner filed the present writ petition.

3. The first respondent filed counter affidavit contending that petitioner has secured only 52.83% of overall/cumulative attendance against 75% of the attendance stipulated for permitting the student to appear for final examinations. As per Regulation 6.3 of the Academic Regulations, shortage of attendance below 65% in aggregate shall in no case be condoned. The overall attendance secured by the petitioner is 52.83, which is 22.17% less than 75%. On medical grounds, the petitioner was granted 10% condonation of shortage of attendance. Even after 10% of condonation of shortage of attendance also, the petitioner has shortage of attendance by 12.17% to appear for the examinations and hence, she was detained as per the Regulations. In AICTE Circular F.No.2- PC/AICTE/Gen.Dist.Edu.Policy/2018 dated 10.09.2018, there is no mention about the maternity leave to be granted to the women students pursuing UG courses. UGC Circular No. DO No.21-116/2021 (CPP-II), dated 14.12.2021 is in relation to M. Phil/Ph.D., candidates, but not in relation to undergraduate courses. As per AICTE rules, a student pursuing B.Tech has to attend classes regularly and has to secure at least 75% of attendance. The Hon’ble Apex Court in catena of occasions held that the academic regulations prescribed by the expert bodies cannot be diluted so as to meet the requirements of an individual. As there was no norms to consider the shortage of attendance less than 65% and