THE HON’BLE THE CHIEF JUSTICE SRI APARESH KUMAR SINGH AND THE HON’BLE SRI JUSTICE G.M.MOHIUDDIN WRIT APPEAL No.843 of 2025

JUDGMENT:

Heard Sri R.Sushanth Reddy, learned counsel for the appellants. Also heard Sri T.Srikanth Reddy, learned counsel for respondent No.1; Sri M.Vamshi Kiran Yadav, learned Assistant Government Pleader for Higher Education Department, appearing for respondent No.2; and Sri Peri Prabhakar, learned Standing Counsel for the Jawaharlal Nehru Technological University, appearing for respondent No.3.

2. This writ appeal is directed against the order dated 29.07.2025 passed in W.P.No.16472 of 2025, whereby the learned writ court has allowed the writ petition filed by respondent No.1 herein (hereinafter referred to as, “the writ petitioner”).

3. The writ petitioner is a student of Bachelor of Technology in Computer Science and Engineering (B.Tech (CSE)) III Year in the appellants’ college (who are respondent Nos.3 to 5 in the writ petition). She could not secure the minimum 65% attendance in the II Semester of B.Tech III Year, as she had to undergo surgery of “Right Uniportal Vats Bullectomy and Mechanical Pleurodesis” on 10.02.2025 and was advised rest for a period of three weeks. She was again admitted in Yashoda Hospital on 13.03.2025 due to failure of the earlier surgery and a procedure of “Post Malecot Insertion, ICD Insertion, Talc Pleurodesis” was performed successfully. She was discharged on 26.03.2025 and advised rest for a period of six weeks for the inside wounds to heal. She resumed attending the classes from 10.04.2025 and submitted the leave application to appellant No.1. The writ petitioner was also amongst the five other students who were detained in the academic year for shortage of attendance. She was having 49.33% of attendance instead of 65% to 75% as per the regulations of the JNTUH University College of Engineering, Science and Technology, Hyderabad (Autonomous) (hereinafter referred to as, “the University”). On being detained from appearing in B.Tech (CSE) III Year II Semester examination, she filed the writ petition seeking a direction to the appellants to permit her to appear for B.Tech (CSE) III Year II Semester examinations and also to complete the B.Tech (CSE) course without detaining her on the ground of shortage of attendance. By an interim order dated 16.06.2025, the learned writ court permitted her to attend the B.Tech (CSE) III Year II Semester Lab Examinations as well as to appear for the Semester examinations. However, in the B.Tech IV Year I Semester, she was not allowed to attend the classes. In this background, the learned writ court, by the impugned judgment, held as under:

“21. There is no dispute with regard to ill-health of the petitioner during the B.Tech-III Year, II Semester. The petitioner is not having any backlogs or shortage of attendance during the previous Semesters and the problem arose only when the petitioner fell sick during the III Year, II Semester. Admittedly, there is no detention even if a student fails to secure minimum marks in the examinations. If a student attended classes, but failed in some or all subjects, he/she can be automatically promoted to the next semester. It clearly shows that the regulations of the respondent authorities are only taken into account of percentage of attendance and not with regard to qualifying marks for promoting to next semester. If the respondents wants to quality of education, they have to consider not only attendance of the students but also merit. In the instant case there is no dispute that the petitioner has no backlogs for previous examinations.

22. In view of the circumstances, the respondents authorities’ have to consider the case of the petitioner on merit, medical and humanitarian grounds and permit the petitioner to complete B.Tech Course. In the light of the above discussion, the writ petition deserves to be allowed. 23. In view of the above findings, the writ petition is allowed and the Impugned Circular da