THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No.38984 of 2014 Dated: 18.12.2014 Between:
G. Venkatesh .. Petitioner and The State of Telangana, Rep. by its Principal Secretary, Higher Education Department, Secretariat, Hyderabad, and others.
.. Respondents Counsel for the petitioner: Mr. B. Chandrasekhar Counsel for respondent No.2: Mr. A. Abhishek Reddy The court made the following:
ORDER:
This writ petition is filed for a Mandamus to declare the action of respondent No.3 in detaining the petitioner in 1st year B.Tech course, without permitting him to write 1st semester of 2nd year examinations, on the ground of insufficient attendance, as illegal and arbitrary.
I have heard Mr. B. Chandrasekhar, learned counsel for the petitioner, and Mr. A. Abhishek Reddy, learned Standing Counsel for respondent No.2.
Learned counsel for the petitioner submitted that if proper calculation of the petitioner’s attendance is made, he would be putting in 69.4%, which is within the permissible limit for condonation of the shortage of attendance. He has, however, admitted that his client has not made any representation to respondent No.3 in this regard.
In my opinion, unless the petitioner first approaches respondent No.3 with a detailed representation by giving particulars of the actual number of days he has attended the theory and lab classes, he cannot straight away approach this Court by invoking its extraordinary jurisdiction under Article 226 of the Constitution of India. Therefore, while declining to entertain the writ petition at this stage, the petitioner is, however, left free to approach respondent No.3 with a detailed representation. Within ten days of receipt of such representation, respondent No.3 shall examine the same, take a decision and communicate the same to the petitioner.
Subject to the above observation and direction, the writ petition is dismissed. As a sequel to the dismissal of the writ petition, W.P.M.P.No.48842 of 2014 shall stand disposed of as infructuous.
C.V. NAGARJUNA REDDY, J 18th December, 2014 IBL