Educational institutions must consider health-related attendance deficiencies sympathetically in accordance with legal precedents.

J U D G M E N T

The petitioner has joined for the ITI-Turner post with the 3^rd respondent herein during 2021-23. The petitioner did not have the required attendance with respect to the academic year 2021-23 since he was suffering from some ailments as evident from the medical certificates at Ext.P2 series. Therefore, the petitioner was not permitted to appear in the examination pursuant to Ext.P6 hall ticket for want of attendance. It is in such circumstances that the petitioner has filed the afore captioned writ petition seeking for a direction to condone the deficiency in attendance.

2. I have heard Sri.Sherry J.Thomas, learned counsel for the petitioner, Sri.N.B.Sunil Nath, learned Government Pleader and Sri.Vinu, learned Central Government Counsel representing the learned Deputy Solicitor General of India for additional 4^th respondent.

3. It is not in dispute that the required attendance for writing the examination was 80%. Admittedly, the petitioner only had 67% attendance. The petitioner seeks to rely on the medical certificates at Ext.P2 series. This Court have perused the medical certificates produced as above. On a perusal of the medical certificates, this Court notices that the petitioner has been in continuous treatment for long period for complications related to his health. The petitioner was also been treated at the Lissie Hospital, Ernakulam, during the afore period. The petitioner has also been permitted to attend the examination pursuant to the orders issued by this Court on 05.07.2023. It is stated that the petitioner has already appeared for the examination. However, the result has not been published.

4. On consideration of the facts and circumstances, this Court notices that in almost similar circumstances, though with reference to a polytechnic course, the Directorate of Technical Education, Thiruvananthapuram, has condoned the deficiency in attendance. In the case at hand, insofar as the petitioner is studying for ITI Turner, the deficiency requires to be condoned by the 4^th respondent herein. In such circumstances, taking note of the totality of the facts and circumstances of the case, as noticed above, the 4^th respondent should consider the petitioner's case sympathetically, especially, with reference to the findings contained in this judgment and also the fact that the petitioner had already appeared for the examination and only the result is required to be announced.

5. The learned counsel for the petitioner would point out that under the norms, if the petitioner is required to attend some training or extra classes, the petitioner is ready to comply with such conditions.

In such circumstances, this writ petition is disposed of directing the 4^th respondent to consider the petitioner's claim for condonation of deficiency in attendance taking note of the observations as above, and take a decision as expeditiously as possible, at any rate within four months.

Sd/-