2016 Supreme(Kar) 542
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
B. VEERAPPA, J.
Mr. SHAIKH IBRAHIM SHAHEEL, S/O ABDUL AZEEZ AND ORS. - PETITIONERS
Versus
STATE OF KARNATKA, SECRETARY TO GOVERNMENT, DEPARTMENT OF HIGHER EDUCATION AND ORS. – RESPONDENTS
WRIT PETITION Nos. 56624-56625 OF 2016 (EDN. – EX.)
Decided On : 08-11-2016
FOR THE PETITIONER: B. LETHIF
FOR THE RESPONDENTS: PRAMODHINI KISHAN, T.P. RAJENDRA KUMAR SUNGAY, DEEPAK
Headnote:EDUCATION – Examination – Permission to appear in exam – Shortage of attendance – Karnataka State Universities Act (29 of 2001) – Section 44(1)(c) – Regulations Governing Credit Based Semester Scheme for Bachelor Degree Programmes in the Faculties of Arts, Science And Commerce (as amended), Regulations 91 and 92 – Mandatory attendance of candidate in 75% of classes actually held, essential- Candidate not satisfying such condition, is not permitted to appear in University Examination, by condoning shortage in attendance.
These two writ petitions are filed by the students of B.Com. course, seeking direction to the respondents, particularly, the 3rd respondent to issue Hall Tickets to enable them to attend their V Semester examinations for the remaining subjects, for which, examinations are not yet completed and also for a direction to permit them to write the subjects for which the examinations are already over in the supplementary examinations which is going to be held after announcement of the results of the ‘V’ Semester.
2. The case of the petitioners is that they have joined 3rd respondent-College for B.Com., degree course in the year 2014-2015; they have been issued with the I.D. cards by the 3rd respondent-College after getting admission to the College by paying the requisite fees and they have completed their I, II, III and IV Semesters in the said Institution. It is their further case that they are bright and intelligent students who belongs to poor family, their parents are doing coolie work and they hail from remote villages. The petitioners contend that in spite of their difficulties, they have regularly attended the classes and have also maintained the records of their leave and according to them, the 1 & 2 petitioners were absent for 8 hours in V & III semester respectively, with valid reasons and the same was endorsed by the College Authority. It is further contended that the 3rd respondent-College abruptly intimated the parents of all the students through SMS on 23.10.2016 to collect the Hall Tickets from the College on 24.10.2016 but when the petitioners approached the College, the 3rd respondent refused to issue Hall Tickets for the examination to be held between 26.10.2016 to 15.11.2016 on the ground that the petitioners have got shortage of attendance. Subsequently, on 24.10.2016 they received the statements issued by the 3rd respondent-College with regard to shortage of their attendance till 18.10.2016. They were surprised and shocked to see the statements showing shortage of attendance. Due to shortage of attendance they are not allowed to appear for the examinations. Hence, they are before this Court.
3. I have heard the learned counsel for the parties to the lis.
4. Sri B. Lethif, learned counsel for the petitioners vehemently contends that the inaction on the part of the 2nd and 3rd respondents in not issuing Hall Tickets to the petitioners on the ground of shortage of attendance is without any basis. He specifically contended that the 3rd respondent-College has not informed the shortage of attendance to the petitioners periodically. Petitioners received the statement of their shortage of attendance only on 24.10.2016 and examination commenced from 26.10.2016. Therefore, the petitioners are not aware of their shortage of attendance of concerned months in respect of their Semesters well in advance. He further contended that there is series of mistakes committed by the College while calculating the attendance of the petitioners. In support of his submission the learned counsel for the petitioners sought to rely on Para No.11 of the judgment of this Court in the case of Prajwal Kumar Patil v. The Rajiv Gandhi University of Health Sciences, Karnataka and Others in W.P. No. 60675/2014 reported in 2015(3) AKR 258 and sought to allow the writ petitions.
5. Per contra, Sri T.P. Rajendra Kumar Sungay, learned counsel for the 2nd respondent-Mangalore University, Sri Deepak, learned counsel for the 3rd respondent-Milagres College and Smt. Pramodhini Kishan, learned HCGP for the 1st respondent-the State of Karnataka submit that the contention of the petitioners that they were not informed periodically for the concerned months about shortage of their attendance and suddenly informed on 25.10.2016 i.e. one day before the exams cannot be accepted, since the Registry of College use to inform the parents of all the students abou