IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER 2017 BEFORE THE HON'BLE MRS. JUSTICE B.V.NAGARATHNA WRIT PETITION NO.56400 OF 2017 (EDN-RES) BETWEEN Swathi. R, D/o Ramaprasad. R, Aged about 19 years, No.2732, Sri. Hanumaashraya, Nandanavana Layout, Kallubaalu Village, Jigani Hobli, Bengaluru-560 083.
…Petitioner (By Amshuman. M, Advocate) AND 1. Visvesvaraya Technological University, By its Registrar (Evaluation), Jnana Sangama, Belagavi-590 018.
2. T. John Institute of Technology, # 86/1, Gottigere Post, Bannerghatta Road, Bengaluru-560 083.
...Respondents (By Sri. Santosh. S. Nagarale, AGA for R1) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to issue a writ in the nature of mandamus and / or such or other writ order or direction against the respondents to consider the representation of the petitioner at Annexure-P to this petition by allowing her to write the examination of 3rd Semester commencing on 19.12.2017 and declare results accordingly and etc., This Writ Petition coming on for Orders, this day, the Court made the following:-
ORDER Petitioner is stated to be a student of Information Science Engineering (B.E.Course, 3rd Semester) in 2nd respondent College. Her grievance is that she could not clear Mathematics-I, Civil Engineering & Mechanics and Basic Electricals in 1st semester and Electronics, Engineering Chemistry and Engineering Mathematics 2 in 2nd semester of the said Course. Thereafter, she got all her papers revaluated in terms of the Regulations of the respondent–University. After revaluation, she had cleared four subjects out of six subjects. However, she was not allowed to write examinations of 3rd semester due to shortage of attendance. Hence, she was not permitted to complete her 3rd semester.
2. In the circumstances, petitioner made a representation dated 12.12.2017 to the 1st respondent- University as per Annexure-P for permitting her to write the examination. But said representation having not been considered till date, a direction is sought in that regard.
3. I have heard learned counsel for the petitioner and learned AGA, who appears on advance notice and perused the material on record. It is noted that the petitioner has made a representation to 2nd respondent-University and it is for the University to consider the said representation in light of University Regulations.
4. When enquired about the regulations regarding attendance requirement, learned counsel for the petitioner very fairly submits that 15OB 3 of Choice Based Credit System (CBCS) Regulations governing the degree of Bachelor of Engineering/Technology provides the following:
“15OB 3 Attendance Requirement 15OB 3.1 Each semester is considered as a unit and the student has to put in a minimum attendance of 85% in each Course with a provision of condonation of 10% of the attendance by the Vice-Chancellor on the specific recommendation of the Principal of the college where the student is studying, showing reasonable cause such as medical grounds, participation in University level sports, cultural activities, seminars, workshops, paper presentation, etc.
15OB 3.1 The basis for the calculation of the attendance shall be the number of hours prescribed by the University by its calendar of events. For the first semester students, the same shall be reckoned from the date of admission to the course as per CET allotment.
15OB 3.3 The students shall be informed about their attendance status periodically by the colleges so that the students shall be cautioned to make up the shortage. The Principals of the affiliated Colleges shall submit the list of students who have been detained for shortage of attendance by the end of the semester to the Registrar (Evaluation) with a copy to the Registrar.
Provided that mere omission by the college to inform the student about the shortage of attendance shall not entitle him to appear for examination.
15OB 3.4 A student having shortage of attendance in one or more subjects shall have to repeat the whole semester and such students shall not be permitted to take admission to next higher semester.
Such students shall take readmission to the same semester in the subsequent academic year.”
In the above circumstances, no direction can be issued by this Court to respondents to consider the representation made by the petitioner herein, seeking permission to attend examinations of 3rd semester in the absence of there being any regulation to that effect, as the petitioner has no sufficient attendance to appear for examination.
Hence, Writ petition is dismissed.
Sd/- JUDGE Mds