High Court · 2025

W.P.No.296 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 29.04.2025CORAM:THE HONOURABLE MRS. JUSTICE N.MALAW.P.No.296 of 2025and WMP.No.338 of 2025G. Nikhila ... PetitionerVs1. The Chairman University Grants Commission Bahadur Shah Zafar Marg, New Delhi 110 002.2. Vels Institute of Science, Technology and Advanced Studies (VISTAS), Velan Nagar, P.V.Vaithiyalingam Road, Pallavaram, Chennai 600 117.3. The Controller of Examinations, Vels Institute of Science, Technology and Advanced Studies (VISTAS) Velan Nagar, P.V.Vaithiyalingam road, Pallavaram, Chennai 600 117. .... Respondents 1/10 https://www.mhc.tn.gov.in/judis W.P.No.296 of 2025Prayer: Writ petition filed under Article 226 of the Constitution of India, praying to issue a writ of mandamus, directing the 2nd respondent herein to forthwith permit the petitioner to attend the classes for the fourth semester in LLB 3 years course during the academic year 2023-2024 in the 2nd respondent College and permit the petitioner to write the examinations of the 3rd and 4th Semesters in the forthcoming semesters in May 2025. For Petitioner: Mr.I.Palani Muthu For Respondents : Ms.V.Sudha Standing Counsel for R1 Mr.V.Meenakshi Sundaram for R2 & R3O R D E RThis writ petition is filed for a writ of mandamus, directing the 2nd respondent herein to forthwith permit the petitioner to attend the 4th semester classes of the 3 years LLB course, for the academic year 2023-2024 in the 2nd respondent college and to further permit the petitioner to write the 3rd and 4th semester examinations in the forthcoming semester to be held in May 2025. 2. The petitioner is a graduate in B.E., (CSE). The petitioner with 2/10 https://www.mhc.tn.gov.in/judis W.P.No.296 of 2025an intent to pursue legal studies joined the respondent University for the 3 year LLB course, during the academic year 2023-2026. The petitioner cleared the first and second semester examinations in one attempt in May 2024. Due to continuous medication, the petitioner was unable to attend classes regularly and therefore was able to secure only 25% attendance. However, the petitioner continued to prepare for the third semester examinations which were scheduled to be held in November 2024. As the petitioner was not issued with the hall ticket for the examinations, she approached the respondent University. The petitioner was informed that she was detained for lack of attendance and that she would not be permitted to write the examinations.3. Thereafter, the petitioner's father submitted a representation on 23.11.2024, requesting the respondents to permit the petitioner to write the third semesters papers along with 4th semester exams. However, the respondents declined permission to the petitioner on the ground of lack of attendance. The respondents further clarified that as the petitioner was detained for lack of attendance she would have to repeat the 2nd year 3/10 https://www.mhc.tn.gov.in/judis W.P.No.296 of 2025obtain sufficient attendance and thereafter write the 3rd semester exams. According to the petitioner the regulations of the UGC did not prescribe detention after the first semester. The petitioner states that assuming without admitting that she was ineligible to write the third semester, the petitioner ought to have been permitted to attend the 4th semester classes which would have enabled her to write the 3rd semester papers along with the 4th semester papers. 4. The petitioner states that earlier also she wrote the 1st semester papers in one sitting and therefore it was unjust to deny her the same benefit for the 3rd semester papers. As the respondents directed the petitioner to repeat the 2nd year course, she filed the above writ petition for the aforesaid relief. 5. The 1st respondent filed a detailed counter. The respondent stated that as per UGC (Minimum Standards of Instruction for the Grant of the first degree through Formal Education) Regulations, 2003, the minimum number of lectures, seminars and practicals that a student was 4/10 https://www.mhc.tn.gov.in/judis W.P.No.296 of 2025required to attend for eligibility to appear in an examination was not less than 75%. The respondent stated that as the petitioner lacked the minimum attendance, she was detained as per the UGC norms and regulations. The 1st respondent therefore prayed that the writ petition deserved to be dismissed. 6. The 2nd and 3rd respondents filed a detailed counter stating that the 2nd respondent institution had its own guidelines, rules, regulations which the students had to follow during their course. The respondents stated that the UGC regulations required a minimum of 75% attendance with a condonable limit of upto 10%, which meant that a student had to have a minimum attendance of 65% to enable him/her to appear for the examinations. Since the petitioner did not have the minimum required attendance, the 2nd respondent rightly refused permission to the petitioner to write the examination and further detained her in the 2nd year. The respondent stated that it was due to lack of attendance that the petitioner was detained, not permitted to write the 3rd semester exams and not allowed to attend the 4th semester classes. The respondents therefore 5/10 https://www.mhc.tn.gov.in/judis W.P.No.296 of 2025stated that the writ petition lacked merits and deserved to be dismissed. 7. Heard both sides and perused the materials available on record. 8. The crux of the matter is whether the respondents are justified in detaining the petitioner in the 2nd year for want of adequate attendance. 9. The UGC (Minimum Standards of Instruction for the Grant of the First Degree through Formal Education) Regulations, 2003 stipulates as follows:- “5.8 The minimum number of lectures, tutorials, seminars and practicals which a student shall be required to attend for eligibility to appear at the examination shall be prescribed by the university, which ordinarily shall not be less than 75% of the total number of lectures, tutorials, seminars, practicals, and any other prescribed requirements.” 10. The 2nd respondent is therefore bound to follow the said regulations. Under the aforesaid UGC regulations 75% attendance is required and the condonable limit is 10%. Therefore a student is required to have a minimum of 65% attendance to appear for the examinations. 6/10 https://www.mhc.tn.gov.in/judis W.P.No.296 of 2025Admittedly, the petitioner had only 25% attendance and so the respondents did not allow the petitioner to write the 3rd semester papers. From the above UGC regulations, it is clear that there is ample justification for not permitting the petitioner to take the 3rd semester exams along with the 4th semester. Moreover, the UGC (Minimum Standards of Instruction for the Grant of the First Degree through Formal Education) Regulations, 2003, clearly stipulate that students who fail to secure minimum percentage of attendance as required were liable to be detained in the same class. Therefore, the respondents cannot be faulted for detaining the petitioner in the 2nd year. In view of the aforesaid UGC regulations, I find no merit in the writ petition. 11. The learned counsel for the petitioner lastly submitted that the petitioner may be given liberty to represent to the respondent college to review the petitioner's case sympathetically because, the petitioner was not able to attend the classes for medical reasons. Therefore, though the writ petition is rejected as meritless, the petitioner is granted liberty to submit a representation to the respondent college for appropriate relief. 7/10 https://www.mhc.tn.gov.in/judis W.P.No.296 of 202512. With the above observation and direction, the writ petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed. 29-04-2025dpqIndex: Yes/NoSpeaking order / Non speaking order8/10 https://www.mhc.tn.gov.in/judis W.P.No.296 of 2025To 1. The Chairman University Grants Commission Bahadur Shah Zafar Marg, New Delhi 110 002.2. Vels Institute of Science, Technology and Advanced Studies (VISTAS), Velan Nagar, P.V.Vaithiyalingam Road, Pallavaram, Chennai 600 117.3. The Controller of Examinations, Vels Institute of Science, Technology and Advanced Studies (VISTAS) Velan Nagar, P.V.Vaithiyalingam road, Pallavaram, Chennai 600 117.N. MALA, J.9/10 https://www.mhc.tn.gov.in/judis W.P.No.296 of 2025dpqW.P.No.296 of 2025and WMP.No.338 of 202529.04.202510/10