IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. VAIDYANATHAN, J.
Mr. V. Vinodraj - Petitioner
Versus
The Controller of Exams, Anna University - Respondents
W.P.No.9621 of 2018 and W.M.P.No.11537 of 2018
Decided On : 27-07-2018
Mandamus - Attendance Requirement - Anna University Regulations, 2013 - 6.1, 6.2, 6.3 - The court discussed the provisions of the Anna University Regulations, 2013, which stipulate attendance requirements for completion of a semester and the conditions for condonation of attendance due to medical reasons. The court also referred to the importance and quality of education as emphasized by the Supreme Court in previous judgments, highlighting the significance of formal education, technical studies, and the maintenance of standards in education.
Fact of the Case:
The petitioner sought a Writ of Mandamus to condone his lack of attendance in the B.E. Computer Science Engineering Course due to a medical emergency, but the respondents refused to permit him to continue the course based on the attendance requirements.
Finding of the Court:
The court found that the petitioner did not meet the required attendance percentage and declined to condone the absence, emphasizing the correlation between attendance and the number of full days of classes conducted and attended.
Issues: The main issue was whether the petitioner's lack of attendance due to a medical emergency could be condoned, and whether the attendance requirements were in line with the regulations.
Ratio Decidendi: The court held that the petitioner's attendance did not meet the required percentage and declined to condone the absence, emphasizing the correlation between attendance and the number of full days of classes conducted and attended.
Final Decision: The Writ Petition was dismissed, and the court closed the case without costs.
1. The petitioner has come forward with the above Writ Petition praying for issuance of a Writ of Mandamus to direct the respondents to condone the lack of attendance of the petitioner and thereby permit the petitioner to continue the B.E. Computer Science Engineering Course in the Academic Year 2017-2018 and complete 6th Semester.
2. The case of the petitioner is that he is pursuing Computer Science Engineering in the third respondent-College and presently studying III year of the course, i.e. 6th Semester. He was injured in a motor bike accident, which caused fracture on his left wrist and bruises all over his body and also injuries on his knees and he was also suffering from pain and fever due to the said fracture. The Doctor advised complete bed rest. Therefore, he was unable to attend the classes for the period between 14.02.2018 and 17.03.2018. His overall attendance is only 58%. In support of his absence, the petitioner had produced Medical Certificate to the third respondent-College and requested for condonation of his absence and shortfall in attendance.
3. It is further stated by the petitioner that as per the requirement of the first respondent, a student should have 75% of attendance to write the exams. The lack of attendance can be condoned if the same is not below 65%. It is the stand of the petitioner that as he has attendance of 58%, due to medical emergency, the attendance can be taken/relaxed to 69%, which is eligible for condonation, by payment of penalty as prescribed by the first respondent-University. It is the grievance of the petitioner that the third respondent is neither accepting the absence due to medical emergency, nor permitting the petitioner to continue the course of III year any further. Hence, the petitioner has filed this Writ Petition for the relief stated supra.
4. The respondents 1 and 2 have filed counter affidavit stating that in order to allow certain unavoidable reasons such as medical/participation in sports/personal, the student is expected to attend at least 75% of the classes during any Semester commencing from 1st Semester. The student shall secure not less than 75% of overall attendance taking into account the total number of 450 periods in a Semester within 90 working days in all courses put together attended by a candidate as against the total number of periods in all courses offered during the Semester. However, a candidate who secures overall attendance between 65% and 74% that current Semester due to medical reasons (prolonged hospitalisation/accident/specific illness/participation in sports events) may be permitted to appear for the current Semester examinations, subject to the condition that the candidate shall submit the Medical Certificate attested by the Head of the Institution. The same shall be forwarded to the Controller of Examinations of the University for record purposes. It is further stated in the counter of the respondents 1 and 2 that the candidates who secure less than 65% of overall attendance, shall not be permitted to write the University examination at the end of the Semester and not permitted to go to the next Semester. They are required to repeat the incomplete Semester in the next academic year, as per the norms prescribed.
5. It is also stated in the counter affidavit filed by the respondents 1 and 2 that the University is not competent to condone any period of long absence, as no such powers have been vested with the University, whatever may be the genuine reason for his absence. Further, if a student has no adequate attendance in the classes, he/she is not permitted to continue the classes in the same Semester for the reasons that he/she may lose the chances to study and learn the lessons in depth, since all subjects are not merely academic oriented, but Engineering and technically oriented. If they are permitted, there may be dilution in the academic standards of the University and finally affect the standards of the system in vogue. The rules a
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