✦ High Court of India · 28 Mar 2025

High Court · 2025

Case Details High Court of India · 28 Mar 2025
Court
High Court of India
Decided
28 Mar 2025
Bench
Length
1,114 words

Acts & Sections

W.P.No.6665 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 28.03.2025CORAM:THE HONOURABLE MRS. JUSTICE N.MALAW.P.No.6665 of 2025S. Shyam Kumar ... PetitionerVs1. The Registrar Anna University Sardar Patel Road, Old Highways Building, Guindy, Chennai 600 025.2. The Principal Jerusalem College of Engineering, Velachery Main road, Narayanapuram, Pallikaranai Chennai 600 100.3. The Controller of Examinations Jerusalem College of Engineering Velachery main road, Narayanapuram Pallikaranai, Chennai 600 100. .... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, praying to issue a writ of mandamus to direct the respondents to 1/8 https://www.mhc.tn.gov.in/judis W.P.No.6665 of 2025condone the lack of attendance and thereby permit the petitioner to attend the 2nd year classes and to write the 2nd year examination. For Petitioner: Mr.S.Sathish Rajan For Respondents : Mr.U.Baranidharan Standing Counsel for R1 O R D E RThis writ petition has been filed for issuance of a writ of mandamus to direct the respondents to condone the lack of attendance and thereby permit the petitioner to attend the 2nd year classes and to write the 2nd year examination. 2. The petitioner had joined the 2nd respondent college in the year 2023, in Electrical and Electronics Engineering and due to his family situation he was not able to attend the college/classes regularly. The petitioner paid the college and examination fees for the 2nd year and his name was also sent to the University for the 3rd semester examination. Hall ticket was issued with registration number 2303310910521025. The 2/8 https://www.mhc.tn.gov.in/judis W.P.No.6665 of 2025examinations for the 3rd semester were held during November/December 2024 and January/February 2025. Whileso, the petitioner was permitted to write the first and second semester arrears examination but when the petitioner went for the 3rd semester examination he was not permitted to attend the exam on the ground of lack of attendance. As the 2nd respondent college did not permit the petitioner to attend the classes for the 4th semester and also informed him that he would have to re-do the entire 2nd year course, so as to satisfy the attendance requirements, the petitioner approached this Court. 3. The 2nd respondent submitted a detailed counter stating that according to Clause 7 of the Anna University Regulations 2021 (for the students admitted to B.E/B.Tech. full time programme at various non-autonomous affiliated institutions) the requirements for completion of the semester include attendance, passing criteria, grading pattern and the classification criteria which shall not be lower than those prescribed by the University for Non-Autonomous Colleges. 3/8 https://www.mhc.tn.gov.in/judis W.P.No.6665 of 20254. The 2nd respondent institution emphasised that it adheres to the guidelines and statutes framed by Anna University, which clearly state that no condonation shall be granted, if attendance falls below 65%. According to the respondents in the petitioner's case, the recorded attendance was admittedly only 32.08%, which is far below the threshold and hence cannot be condoned by the 2nd respondent institution. The respondents stated that as per Clause 7.3 of the above mentioned regulations, students with less than 65% overall attendance were not permitted to appear for the University examinations at the end of the semester and were also barred from progressing to the next semester. They were required to repeat the incomplete semester in the next academic year, as per prescribed norms. The respondents therefore contended that the writ petition lacked merits and deserved to be dismissed. 5. Heard both sides and perused the materials available on record. 6. The petitioner joined the 2nd respondent college in the year 2023, 4/8 https://www.mhc.tn.gov.in/judis W.P.No.6665 of 2025in Electrical and Electronics Engineering. The petitioner states that due to his family situation he was not able to attend the college/classes regularly, therefore he sought for a direction to the respondents to condone the lack of attendance, permit him to attend the 2nd year classes and to write the 2nd year examination. As per Clause 7 of the Anna University Regulations 2021 (for the students admitted to B.E/B.Tech. full time programme at various non-autonomous affiliated institutions) the attendance requirements for completion of the semester is as follows:- “7. Attendance requirements for completion of the semester7.1 A student who has fulfilled the following conditions shall be deemed to have satisfied the requirements for completion of a semester. Ideally every students is expected to attend all classes of all the courses and secure 100% attendance. However, in order to give provision for certain unavoidable reasons such as medical/participation in sports, the student is expected to attend at least 75% of the classes. Therefore, he/she shall secure not less than 75% (after rounding off to the nearest integer) of overall attendance as calculated as per clause 5.35/8 https://www.mhc.tn.gov.in/judis W.P.No.6665 of 20257.2 However, a student who secures overall attendance between 65% and 74% in the current semester due to medical reasons (prolonged hospitalisation/accident/specific illness) / participation in sports events may be permitted to appear for the current semester examinations, subject to the condition that the student shall submit the medical certificate/sports participation certificate attested by the Head of the Institution. The same shall be forwarded to the Controller of Examinations for record purposes. 7.3 Students who secure less than 65% overall attendance shall not be permitted to write the University examination at the end of the semester and not permitted to move to the next semester. They are required to repeat the incomplete semester in the next academic year, as per the norms prescribed.” 7. Admittedly the petitioner has got only 32.08% attendance. As per the above guidelines and statutes framed by Anna University, it is clear that condonation for lack of attendance of less than 65% is not permissible. Clause 7.3 of the above said Anna University regulations also states that students who secure less than 65% overall attendance will not be permitted to write the University examination at the end of the semester and not permitted to move to the next semester. As per the prescribed norms, the students are required to repeat the incomplete semester in the next 6/8 https://www.mhc.tn.gov.in/judis W.P.No.6665 of 2025academic year. In the light of the guidelines/regulations of the Anna University and considering the extremely low percentage of attendance of petitioner, I am of the view that the relief sought for cannot be granted. 8. In view of the facts and the above discussions, I find no merit in the writ petition. Accordingly, the writ petition is dismissed. No costs. 28.03.2025dpqIndex: Yes/NoSpeaking order / Non speaking order7/8 https://www.mhc.tn.gov.in/judis W.P.No.6665 of 2025N.MALA, J.dpq1. The Registrar Anna University Sardar Patel Road, Old Highways Building, Guindy, Chennai 600 025.2. The Principal Jerusalem College of Engineering, Velachery Main road, Narayanapuram, Pallikaranai Chennai 600 100.3. The Controller of Examinations Jerusalem College of Engineering Velachery main road, Narayanapuram Pallikaranai, Chennai 600 100. W.P.No.6665 of 202528.03.20258/8

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