The Hon’ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.37495 of 2014
Dated 05.12.2014
Between:
Medasani Harshavardhan Reddy …Petitioner And The Osmania University, rep. by its Registrar, Osmania University Campus, Hyderabad and another.
…Respondents Counsel for the petitioner: Mr.DYNLN.Charyulu Counsel for respondent No.1: Mr.Deepak Bhattacharjee, SC for OU Counsel for respondent No.2: --- The Court made the following:
Order:
The petitioner, who is a student of BE III year in respondent No.2- Institute, filed this Writ Petition feeling aggrieved by Circular No.197/AEC/Exams/2014-15, dated 20-11-2014, issued by respondent No.2 whereby it has detained the petitioner and eight others for not possessing the required attendance.
The petitioner has averred that in the IV semester of BE III year, he has attended the project work training held by the Bharat Heavy Electricals Limited from 02-07-2014 to 16-07-2014 and that he has also suffered from viral fever from 06-09-2014 to 12-09-2014. He has further averred that if the periods, during which he has undergone the project work training and suffered from viral fever, are considered for attendance, he will have the minimum of 65% attendance.
The learned Counsel for the petitioner has, however, conceded that the regulations framed by respondent No.1- University, which prescribed 75% of attendance with the power to the University to condone the shortage of attendance in aggregate upto 10%, do not provide exclusion of training periods or the periods, during which the students are sick.
While considering the academic regulations of the Jawaharlal Nehru Technological University, which are in pari materia with the regulations of respondent No.1-
University, i n B.Yugandhar V. Principal, Kuppam
[1]
Engineering College, a Division Bench of this Court, to which I am a party, held that by a judicial fiat, this Court cannot direct the University to condone the shortage of attendance of the students contrary to the Regulations of the University.
In the light of the ratio laid down in the above- mentioned case, which is being consistently followed by this Court, even if the petitioner has a bona fide reason for not attending the classes, no Mandamus can be issued to the respondents to permit the petitioner to appear in the examinations contrary to the regulations of respondent No.1.
For the above-mentioned reasons, the Writ Petition fails and the same is, accordingly, dismissed.
As a sequel, WPMP.No.46924 of 2014, filed by the petitioner for interim relief, is dismissed.
(C.V.Nagarjuna Reddy, J) Dt: 5th December, 2014
LUR
[1] 2008(2) ALT 529 (D.B.)