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Madras High CourtWP/11606/2017disposed of

A.Sridhar, S/O.R.Annadurai v. State Rep By

2017-06-12Honourable Mrs Justice Pushpa Sathyanarayana3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12-06-2017

CORAM

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.No.11606 of 2017 and W.M.P.No.12618 of 2017 A.Sridhar ... Petitioner -Vs1. State rep by The Secretary to Government Department of Education, Fort St.George, Chennai 600 009.

2. Controller of Examinations, Anna University, Guindy, Chennai - 600 032.

3. The Registrar, Anna University, Guindy, Chennai - 600 032.

4. Head of the Department, Mechanical Department, Rajalakshmi Engineering College, Thandalam -602 105.

5. The Administrative Officer, Rajalakshmi Engineering College, Thandalam -602 105.

... Respondents Writ petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents herein to issue Hall Ticket and permit to write the sixth Semester Exams to be conducted from 05.05.2017 to 03.06.2017. For Petitioner : Ms.V.Anuradha For Respondents : Mr.V.Anandhamurthy, Additional Government Pleader for R1 Mr.M.Vijayakumar for R2 and R3 Mr.Kandhan Duraisamy for R4 and R5

O R D E R

This Writ petition has been filed by the petitioner seeking for issuance of Writ of Mandamus,directing the respondents herein to issue Hall Ticket and permit the petitioner to write the sixth Semester Exams to be conducted from 05.05.2017 to 03.06.2017.

2. The case of the petitioner is that he is the Mechanical Engineering student of the fourth and fifth respondent college, now studying the sixth semester. Due to lack of attendance he was not issued the Hall ticket for examination. The reasons given by the petitioner is that his father went sick and there were other calamities in the family and due to which the petitioner could not attend the classes regularly. It is further stated that the exams for the sixth semester of third year were conducted on 05.05.2017 and as he was lacking his attendance , he was not allowed to sit for examination. Therefore, he filed this Writ Petition seeking for the aforesaid relief.

3. The learned counsel for the fourth and fifth respondents filed a counter and stated that there was shortage of attendance and the petitioner failed to secure the required percentage of attendance prescribed in Clause 6 of Anna University Regulations 2013, which compelled them not to allow the petitioner to write examinations. As per the said regulation, the the petitioner is expected to attend atleast 75% of the classes. Even for medical reasons accompanied by medical certificate for self, the petitioner should have secured not less that 65% of attendance. It is further stated in the counter affidavit that though the petitioner paid the fees belatedly, there was shortage of attendance i.e. he has secured only 31% of attendance in the sixth semester and therefore he was not permitted to write the examinations.

It is further stated that as per clause 6.3 of Anna University Regulations 2013, the petitioner is required to repeat the incomplete semester in the next academic year, for which the fifth respondent has assured that tuition fees will not be collected. However, it is stated that the petitioner has to pay the fees like lab fees, examination fees etc.

4. Heard both sides.

5. The Anna University regulation prescribes, minimum percentage of attendance for entitlement to sit for examination. The Court will not substitute its own reason for relaxing the minimum number of days of attendance and make the student to sit for the examination. The rules prescribed by the University has to be strictly followed by the institution and the students. Since, the petitioner cannot move to the next semester, without completing the sixth semester, this court is inclined to direct

the petitioner to repeat the incomplete sixth semester, by paying the required fees other than the tuition fees and complete the sixth semester.

6. This Writ Petition is disposed of accordingly. No costs. Consequently, connected Miscellaneous petition is closed. Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar vv/arr To

1. The Secretary to Government Department of Education, Fort St.George, Chennai 600 009.

2. Controller of Examinations, Anna University, Guindy, Chennai - 600 032.

3. The Registrar, Anna University, Guindy, Chennai - 600 032.

+1cc to Mr.Muthumani Doraisami, Advocate in sr.no.41516 +1cc to Government Pleader in sr.no.41718 +1cc to Mr.M.Vijayakumar, Advocate in sr.no.41502 W.P.No.11606 of 2017 and W.M.P.No.12618 of 2017 CA(CO) NR 03/07/2017