IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 1749 of 2008()
1. HAREESH G.,
... Petitioner
2. NABEEL N.,
3. NISHAN B, AGED 20 YEARS,
4. NITHIN MANIKANTAN, AGED 19 YEARS,
Vs
1. THE VICE CHANCELLOR,
... Respondent
2. CONTROLLER OF EXAMINATION
3. THE PRINCIPAL, COLLEGE OF
For Petitioner :SRI.P.K.MUHAMMED
For Respondent : No Appearance
The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice A.K.BASHEER
Dated :22/08/2008
O R D E R
H.L.Dattu, C.J. & A.K.Basheer, J.
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W.A.No.1749 of 2008
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Dated, this the 22nd day of August, 2008
JUDGMENT
Basheer, J.
The appellants are 5th Semester students in Computer Science in
Government College of Engineering, Attingal. Their grievance before the
learned Single Judge was that they were not permitted to write the 5th
Semester Examination on the ground that they did not have the requisite
minimum percentage of attendance. But placing heavy reliance on Exhibit P7
communication, which was stated to have been received from the College, it
was contended by the appellants before the learned Single Judge that going by
the entries made in the above communication, it was evident that the
appellants did, in fact, have the minimum requisite percentage of attendance
to their credit.
2. The learned Judge, after considering the contentions raised
by the appellants and the University as well as the Principal, found that
Exhibit P7 was in respect of only one subject, viz., “Micro Processor”, and
that Annexure-I produced by the Principal before the University did reveal the
correct position with regard to the attendance obtained by the appellants
during the 5th Semester.
3. A perusal of Annexure-I will show that the appellants had
only 60%, 64%, 61% and 60% of attendance respectively during the 5th
W.A.No.1749 of 2008
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Semester. It is beyond controversy that a student ought to get a minimum of
75% attendance, subject of course, to the powers of the Vice Chancellor to
condone the shortage of attendance up to 5%. In other words, a student must
necessarily have 70% of attendance after condonation, if any. A student who
does not have minimum percentage of attendance to his credit as prescribed
under the Regulations, cannot be declared to have completed the Semester.
Going by Annexure-I, it was evident that the appellants did not have the
requisite minimum percentage of attendance during the 5th Semester.
Therefore, they could not have been admitted to the 6th Semester.
4. The learned Judge had adverted to all the above aspects
carefully. We have also been taken through the materials available on record.
We are satisfied that the view taken by the learned Single Judge does not call
for any interference. Therefore, while confirming the orders passed by the
learned Judge, the Writ Appeal is dismissed.
H.L.Dattu
Chief Justice
A.K.Basheer
vku/- Judge