IMPORTANT POINT
The Head of Institution must forward applications for attendance condonation to the Controller of Examinations; summary rejection is unjustified.

JUDGMENT :

The petitioner is a 5th semester BBA student of the KMM College of Arts and Science, Edappally, Cochin, which is affiliated to Mahatma Gandhi University, the 1st respondent. A criminal case was registered against the petitioner on 26.08.2024 and he was in judicial custody for a period of 50 days. He was enlarged on bail on 15.10.2024. The examination for the 5th Semester BBA is slated during November, 2024 and the last date for payment of examination fee was 26.10.2024. The petitioner approached the 3rd respondent, the Principal of the College for registration for the 5th Semester examination. However, by Ext. P1, the request of the petitioner was rejected by the Principal stating that as per the Examination Notification issued by the 1st respondent University, 75% attendance is mandatory to attend University Examination and the petitioner has got only 38% attendance. Challenging Ext. P1, the petitioner has filed this writ petition. The petitioner has also sought for a direction to the respondents to permit him to register for the examination.

2. This Court on 28.10.2024 issued notice to the Principal by special messenger and the learned standing counsel for the 1st respondent University was asked to get instructions and the matter was posted to 01.11.2024. Meanwhile, the petitioner submitted Ext.P3 representation dated 29.10.2024 before the Controller of Examinations for condonation of shortage of attendance and requesting to permit him to register for the examination. Since the office of the 1st respondent did not receive Ext.P3, the petitioner sent the same by Speed Post. The petitioner had submitted yet another representation dated 28.10.2024, marked as Ext. P5, before the Principal requesting for condonation of shortage of attendance. The Principal by Ext. P4 communication dated 28.10.2024 rejected the same reiterating that as per the Examination Notification for the 5th Semester released by the 1st respondent University, 75% attendance is mandatory to attend the University examination and as per the records, the petitioner is having only 38% attendance and that as per the University norms, the attendance percentage should be between 65% to 75% for condonation.

3. According to the petitioner, he could not attend class for 50 days as he was in judicial custody and the shortage of attendance occurred for reasons and circumstances beyond his control. It is contended that the Principal did not take into consideration the extenuating circumstances that prevented the petitioner from attending classes and the denial of right to participate in the examination is an infringement of his fundamental right to education guaranteed under the Constitution of India.

4. Heard the learned counsel for the petitioner, the learned standing counsel for the 1st respondent University and the officer of the College representing the 3rd respondent Principal.

5. The learned Standing Counsel for the 1st respondent University refers to Chapter 10A of the Examination Manual issued by the University and submits that 75% attendance is mandatory to attend the University examination and the petitioner is having only 38% attendance.

6. The application of the petitioner for condonation of shortage in attendance was not recommended and forwarded by the Principal, the Head of the Institution to the Controller of Examinations. It is for the Controller of Examinations to pass orders sanctioning condonation of shortage of attendance. Therefore, the question to be considered is whether the Head of the Institution is justified in summarily rejecting the request of the petitioner for condonation of shortage of attendance without forwarding the same to Controller of Examinations. The question whether confinement of the petitioner in judicial custody can be considered as an extenuating circumstance to condone shortage of attendance does not arise for consideration at this stage.

7. Paragraph 10A.6 of the Examination Manual reads as follows:

8. The Examination Manu