The University has the authority to modify its attendance regulations to accommodate situations where women students face challenges due to marriage and pregnancy, ensuring equal opportunity for women in education.

By consent of parties, the main writ petition itself is taken up for final disposal.

2. The petitioner herein is a student of the Ethiraj College for Women, Madras for B.A. Corporate Secretaryship (Evening Class) Three Years Course from 1991-92 to 1993-94. For the final academic year, that is; 1993-94, she has completed. 55.75% of attendance. However, due to the fact that she was married on 18-10-1993 and shortly thereafter, she was conceived and as such she was suffering from morning sickness and was indisposed due to nausea throughout the day, she was not able to attend the college regularly. In the meantime, as the final year examination of three years course commenced on 8-4-1994, she approached the third respondent - the Principal, Ethiraj College for Women on 6-4-1994 to write the examinations. But, she was informed that her hall ticket was withheld. Aggrieved by the same, the petitioner has approached this Court for a writ of certiorarified mandamus to call for the records on the file of the third respondent pertaining to the letter dt. 6-4-1994 impugned in this writ petition and quash the same and consequently direct the respondents to permit the petitioner to sit for the examinations which was scheduled to commence from 8-4-1994.

3. The writ petitioner was permitted to write the examination by virtue of the interim order passed by this Court in W.M.P. No. 10043 of 1994. Accordingly, the third respondent issued the hall ticket to the petitioner. Subsequently, the petitioner appeared for the examinations but, however, her results have been withheld pending disposal of the writ petition.

4. It is submitted by Mr. R. Gandhi, learned senior counsel appearing for the petitioner that due to the peculiar facts and circumstances of the case that the petitioner was married during the last term of her course and she was conceived and was suffering from morning sickness and other indispositions including nausea throughout the day, she was not in a position to regularly attend the classes. In any event, the petitioner has, attended 55.75% attendance. As per the Madras University Regulations regarding attendance; learned senior counsel referred to clause 2(a) relating to non-semester courses, which says that all candidate must put in 75% of attendance for Arts, Science, Commerce, Engineering and Law Courses. However, clause 2(ii) states that the candidates who have put in not less than 50% of attendance may be permitted to proceed to the next year of the course and they may be permitted to take next September or subsequent University examination by paying the prescribed condonation fee without putting in further attendance. Learned senior coufsel further submitted that the rule with regard to the condonation of 50% of attendance may be applied in the case of the petitioner as an exception and that she need not once again write the September examination as she has already written her examination in April 1994 by virtue of the order of this Court. On the other hand, respondents 1 and 2 have filed a counter affidavit, wherein it is stated as follows

"It is submitted that normally the candidate should have 75% of attendance including condonable limit of 12.5% of attendance. Therefore, if the candidate has 62.5% of attendance it is within condonation limits and the application for condonation together with attendance details should be forwarded through the Principal of respective college. Candidates who are in shortage of attendance beyond the condonation limit are not eligible to appear for the respective University examination. The candidate has obtained only 55.75% attendance which is not within condonation limits.

With regard to averments in para 4 it is humbly submitted that the hall ticket of Mrs. J. Nithya (Register No. 1107479) was sent to the college along with other candidates for March 1994 examination. The Principal of the College withheld the hall ticket of the above candidate for lack of attendance. In III Year of B