WP/15019/2026 of Dodla Sai Mahija Vs The State of Telangana on 13 July 2026

ORDER

This Writ Petition is filed by the petitioner seeking the followrng relief 'to lssue an appropriate writ. order or direction more parlicularly one in the nature of Wrn of MANDAMUS declaring the actrcn of the respondents more pafticularly the action of 3rd respondent in not perrnitting the petitioner to write the ensuing term end Examinations (Sem-ll) 2025-2026 of 1st year B Sc. ln llospftality and Hotel Management Semesfer-// staitng from 04-05-2026 as tllegal arbitrary. violative of principles of natural justtce and also violative afticles 14 and 21 of the Constitution of lndia and also contrary to the spirit of attendance and consequently direct the 3rd respondent to conduct re-examination ta the petitionet for end term Examinations (Sem-ll) 2025-2026 of 1st year B.Sc in Hospitality and Hotel Management and to pass 02 Heard Sri Tarun Ram Aitham, learned counsel for the petitioner Sri K.Sharath, learned Assistant Government Pleader for Higher Education appearing for the respondent No .l ; Sri Prabhakar Peri, learned Standing Counsel for Jawaharlal Nehru Technological University Hyderabad (JNTUH) aopearing for the respondent No.2; and Ms V. Preethr Reddy, learned Standing Counsel for the lnstitute of Hotel t\/anagement Catering Technology and Applied Nutrition Society appearing for the respondent No.3 and perused the record. 03(i) Learned counsel for the petitioner submitted that the petitioner was allotted a seat in the 3rd respondent_college for pursuing the Hotel [Vlanagement Course and had successfully completed the First Semester examinations of the Frrst year lt is further submitted that, during the period from January, 2026 to lVlarch, 2026, lhe petitioner suffered from vrral fever and was subsequently dtagnosed with a thyroid disorder. Owing to the said medical condition, she underwent treatment at va.ous hospitars in Khammam and Hyderabad and, consequenfly, was unable to attend the classes regularly during the said period 03(ii). Learned counsel further submitted that the 3rd respondent issued a Circular dated 09,04 2026 informing the petitroner that, on account of shortage of attendance, she would not be permitted to appear for the ensuing Second Semester (Sem-ll) Term-End Examrnations for the academic year 2025- 2026 lt is contended that the petitioner had secured 57% attendance and that the 3rd respondent determined the attendance only up to 31 03 2026, without taking into consideration the petitioner's absence, which was occasioned by circumstances beyond her control owing to her illness. Therefore, the actron of the 3rd respondent in debarring the petrtioner from appearing for the Semester-ll examinations solely on the ground of shortage of attendance is arbitrary, illegal, and unsustainable in law Hence, he prayed that this Writ Petition be allowed 04(i) Learned Standing Counsel appearing on behalf of the 3rd respondent submitted that the petitioner did not produce or submit the relevant medical records to the college immediately after undergoing treatment. lt is further submitted that the petitioner's attendance was calculated up to 30.04.2026 and not up to 31 032026, as erroneously alleged by the petitioner. lt is further submitted that there was an inadvertent typographical error in the date mentioned in the Circular, wherein the date was reflected as 09 04 2026 instead of 28.04 2026. lt is submitted -r- that the 3rd respondent has sincerely acknowledged and apologized for the said inadvertent error lt is fu(her contended that the details relating to the petitioner's shortage of attendance were duly communicated to her parents through e-mails dated 24.02.2026 and 13.032026, and were also intimated through telephonic calls made on 20.03.2026 and 14.04.2C26. 04(ri). Learned Standrng Counsel further submitted that rn terms of the applicable attendance regulations, every student is required to maintain a minimum of 15% attendance to become eligible to appear for the examinations lt is submitted that in cases of bona fide illness or other valid reascns considered sufficient by the Head of the Academic Chapter, a shortage of attendance up to a maximum of l0o/o may be condcned provided the student is otherwise eligible. lt is further submitted that as a special measure, the Principal extended an additional relaxation by permitting students having attendance up to 60% to be considered. However, even after granting the petitioner the benefit of 24 hours of presumptive attendance, her attendance stood only at 57o/o, which fell below the relaxed minimum threshold Therefore. it is contended that the action of the 'EE IEGT

respondents is strictly in accordance with the National Council for Hotel lVanagement and Catering Technology-Jawaharlal Nehru University (NCHMCT-JNU) Examination Rules, and that no illegality or arbitrariness can be attributed to the respondents Hence, she prayed for dismissal of the Writ Petition 05 Havrng regard to lhe submissions made by the learned counsel on either side and upon perusal of the record, it is evident that the grievance of the petitioner is that she was prevented from appearing for the Second Semester (Sem-ll) Term-End Examinations of the First Year B.Sc. in Hospitality and Hotel [Vlanagement Course on the ground of shortage of attendance, which, according to her, was occasioned by bona fide rnedical reasons, namely, viral fever and a thyroid disorder, requirrng treatment at hospitals in Khammam and Hyderabad. lt is her contention that the respondents failed to take into consideration the sard medical circumstances while determining her eligibility. On the other hand, the 3rd respondent contends that the petitioner did not submit the relevant medical records before the college, that her attendance was calculated up to 30 04 2026 in accordance with the applicable rules, and that - despite repeated communications regarding t,re shortage of attendance and the grant of all permissible relaxations, including presumptive attendance, her attendance remained at only 570/o. which was below the minimum attendance required even under the relaxed norms. Therefore, the respondents contend that the petitioner was rightly declared ineligible to appear for the Semester-l I examinations

06. ln view of the above rival contentions, this Court is of the consrdered opinion that the question as tc whether the petitioner's shortage of attendance deserves to be condoned on medical grounds necessarily requires consideration by the competent academic authority upon verification of the medical records and in the light of the applicable rules and regulations governing attendance and condonation. This Court in exercrse of its jurisdiction under Articre 226 or the constrtution cf rndra, wourd not ordinarily undertake an adjudication on disputed questions of fact relating to the genuineness. suffrciency, or acceptability of the medical evidence, particularly when the competent authority has not had an opportunity to examine the same.

07 Since the petitioner asserts that her absence was solely on account of bona fide medical reasons and the respondents contend that no such medical records were furnished before the college at the relevant point of time, the ends of lustice would be met by permitting the petitioner to place the entire medical material before the competent authority for its co n sideration 08 Accordingly, in view of the above observation, without expressing any opinion on the merits of the rival claims, this Writ Petition is disposed of granting liberty to the petitioner to submit representation before the concerned respondents-authorities, enclosrng all relevant medical records and other supporting documents, within a period of one (1) week from the date of receipt of a copy of this Order Upon receipt of such representation, the concerned respondents-authorities shall consider the same. examine the medical records produced by the petitioner, and take an appropriate decision, in accordance with the applicable Rules and Regulations as well as in accordance with law, by passing a reasoned order, as expeditiously as possible, preferably within a period of one (1) week thereafter and shall communicate the same to the petitioner. Tl^ere shall be no order as to costs As a sequel, pending mrscellaneous applications, if any, shall stand closed Sd/-L.VIJAYA LAXMI .I AS T T REGISTRAR //TRUE COPY// To, SECTION OFFICER The Principal Secretary, Department of Higher Education, State of Telangana, Dr.B.R.Ambedkar Telangana State Secretariat, Hyderabad The Registrar, Jawaharlal Nehru University, Kukatpally, Hyderabad. The Principal, The lnstitute of Hotel management Catering, Technology and Applied Nutrition Society, Government of lndia, Ministry of Tourism, D.D.Colony, Vidyanagar, Hyderabad. One CC to Sri N.RAMU, Advocate IOPUCI Two CCs to GP For Higher Education High Court for the State of Telangana, at Hyderabad [OUT] One CC to Ms. V. Preethi Reddy, Standing Counsel (OPtC) One CC to Sri Prabhakar Peri, SC for JNTU(OPUC) Two CD Copies

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CC TODAY HIGH COURT DATED: 1310712026 1Y{ c- 5 i liCr c c)

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ORDER

WP.No.15019 of 2026 DISPOSING OF THE WRIT PETITION WITHOUT COSTS c" o &