The main legal point established in the judgment is that University Examination Rules require minimum attendance for appearing in exams, and the court relied on legal provisions and previous judgments to dismiss the appeal based on lack of merit.

A.K. Ganguly, C.J.

Heard the learned counsel for the parties, including the learned counsel for the University-first respondent.

2. This writ appeal has been filed impugning a judgment of the learned Judge of the writ court dated 011. 2008 whereby the writ petition filed by the appellant has been dismissed. The writ petitioner is the appellant in this case.

3. The case of the writ petitioner before the learned Judge of the writ court was that she is a third year student of the Central Law College, Salem (hereinafter called the “said College”). Her grievance is that she is not allowed to sit for the third year examination as, according to her, permission was refused since she did not pay the donation charged by the said College. The learned Judge found that the aforesaid plea of not allowing the appellant to sit for the examination for non-payment of donation is factually incorrect. In coming to the said finding, the learned Judge relied on a Division Bench judgment of this Court rendered in W.P.No. 8667 of 2004 on 110. 2006. The learned Judge found that the writ petitioner paid the amount of Rs.17,025/- in two installments, initially by way of first installment of Rs.13,025/- and then by subsequent installment of Rs.4000/-. The said Division Bench judgment of this Court dated 110. 2006 has been annexed in the typed set of papers filed in this proceeding. From the said Division Bench judgment, it appears that several writ petitions were heard by the Division Bench in respect of the said College and at page 21 of the typed set, it appears that the Division Bench held that the said College has fixed the fees of Rs.17,025/- for Three Year Course per annum, and there is a specific finding by the Division Bench, which runs as follows: -

“There is no material brought on record to show that the fees fixed by the College is excessive or exorbitant or that the College is indulging in profiteering or commercialization.”

The Division Bench also found that the fees for the School of Excellence run by Dr.Ambedkar Law College is far more than the fees fixed by the said College. Therefore, it appears that the aforesaid fee structure of Rs.17,025/- for Three Years Law Course, which was fixed by the said College, has been approved by the Division Bench of this Court. Therefore, the amount, which has been paid by the petitioner namely, the said amount of Rs.17,025/- by two instalments, was nothing but payment of tuition fees of the said College. From the typed set filed by the petitioner, it appears that the said amount was paid by the petitioner on 09.09.2008 and two receipts issued for the same have been annexed by the petitioner at pages 1& 3 of the typed set. On a perusal of those receipts nothing appears to show that the petitioner was asked to pay any donation. Therefore, the case, which has been made out in the writ petition, that because of non-payment of the donation by the petitioner, she was not allowed to appear in the examination, is not based on record and cannot be accepted by this Court. Rather on a frivolous plea, the writ petition has been filed, and this Court finds that the said plea has been rightly rejected by the learned Judge.

4. The other plea is that the petitioner has been issued a hall ticket, as a result of the issuance of the hall ticket to the petitioner by the University, the College authorities have no right to prevent the petitioner from appearing in the examination. This argument has been developed on the basis of the receipts showing payment of Rs.331/- by the petitioner towards the examination fees. The said payment was made by the petitioner on the basis of a bank challan in favour of the Registrar, Tamil Nadu Dr. Ambedkar Law University-first respondent. So far as the hall ticket is concerned, the stand of the said College is that the petitioner did not attend the classes at all. The College authorities have filed a typed set and in the said typed set they have annexed two circulars dated 110.