IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN

W.P.No.9621 of 2018

and

W.M.P.No.11537 of 2018

Mr.V.Vinodraj

.. Petitioner

Vs.

1. The Controller of Exams,

Anna University,

Sardar Patel Road,

Old Highways Building,

Guindy, Chennai-600 025.

2. The Registrar,

Anna University,

Sardar Patel Road,

Old Highways Building,

Guindy, Chennai-600 025.

3. The Principal,

Vel Tech High Tech,

Dr.Rangarajan Dr.Sakunthala Engineering College,

42 & 60, Avadi-Vel Tech Road,

Avadi, Chennai-600 062.

.. Respondents

Writ Petition filed under Article 226 of the Constitution

of India, 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 to 2018 and complete 6th Semester.

For petitioner : Mr.M.Velmurugan

For respondents : Mr.M.Vijayakumar for RR-1 and 2

Mr.S.Thankasivan for R-3

ORDER

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

https://hcservices.ecourts.gov.in/hcservices/

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 sub