WP/7509/2005 of V.Sunitha, Vs The Osmania University rep., by its Registrar, on 23 December 2005

ORDER :

The writ petitioner is a student of IV Semester M.Sc., examination. He seeks awrit declaring the action of the respondents in not permitting her to sit for theexamination of IV Semester M.Sc., IV Semester from 22-12-2004 to 23-04-2005 asarbitrary and illegal.

2. It is her contention that she suffered with severe low back pain and doctorsadvised her to take bed rest and therefore, she could not attend IV semester classesfrom 22-12-2004 to 23-4-2005.

3. The respondents filed counter-affidavit. It is suffice to refer the counter-affidavit of the 3[rd] respondent. It is stated in paragraph 5 of the Counter-affidavit asfollows :

“5. Before traversing various allegations contained in the affidavit filedin support of the writ petition, it is just and necessary to submit the followingtrue facts :-

(i) I submit that the petitioner joined the respondent college in M.Sc., Botany course. The petitioner completed 3 semesters. However, in the finalyear (4[th] semester) 2004-2005, the petitioner had the following shortage ofattendance :-

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - S.No. Subject No. of classes Classes attended Age of attendance

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

1. Paper-I 60 0 0

2. Paper-II 34 0 0

3. Paper-III 32 2 6

4. Paper-IV 39 0 0

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - I submit that the above shows that the petitioner had nil attendance in PapersI, II and IV and only 6% attendance in Paper-III.

(ii) I submit that as per the rules framed by the Osmania University, astudent should have a minimum of 75% of attendance to be eligible for takingexamination. In the present case, the petitioner does not have the requiredattendance and as such she is not eligible for taking the examination. I alsosubmit that the petitioner never intimated the college about the reasons fornot attending the college nor did she apply to the first respondent forcondoning the shortage of attendance under intimation to the thirdrespondent.

(iii) With reference to allegations contained in para-2 of the affidavit, Irespectfully submit that because of the shortage of attendance the petitioneris not entitled to sit for the 4[th] semester M.Sc., Examinations and there is noillegality in the same.”

4. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the University and the learned counsel for the 3[rd] respondent.

5. It is no more in dispute that the petitioner did not attend 4[th] semesterclasses of M.Sc., from 22-12-2004 to 23-4-2005.

The particulars given by the 3[rd] respondent-institution indicate that the petitioner didnot attend the classes for the 4[th] Semester of M.Sc., Botany. When she has notattended the classes, the question of permitting her to write examination does notarise. As per the rules and regulations governing the post-graduate admissions,2003, the minimum percentage of attendance a candidate required to be put in is notless than 75%. When the petitioner has not attended the classes, the respondents

6. Accordingly, the writ petition is dismissed. No costs.

Date : 23-12-2005.

Dvs

__________________________

Justice B. SESHASAYANA REDDY

HONOURABLE SRI JUSTICE B. SESHASAYANA REDDY

WRIT PETITION No.7509 OF 2005

Dated 23-12-2005