IN "IKE HIGH COURT OF KARNATAKA AT BANGA1,c>1§:g, T . Dated this the 15"' day of.¥u!y, zoos ' Before THE Hcwsu: MR JUSHCE Hv.§UV,é(pi. 'V 3 l % Wu': pm.» 7m x 20$; ted») Sri Machaiah J B, 18 yrs 810 J G Biddappa ' «. Ria#40, 14"' Cross, 4'"A1\/Iain ' " Gokulam II Stage Behind Telephone Exchazgg _ _ - ' Mysore 570 012 ' : ' Petitimwr (By Sri P D v;mI§§}agasz;;"'A&¢».) And: 1 Uxafiarsiry efzs/kys§;$sre%V;':a;fTies R1:gisu~a; Mmmsagmgofiui 570 005 2 33:21; Mafiajma 1:3;-stéraée conege _" 570 012 V its Rcspondents 5Si:"Vl" Sungay, Adv. for R1; Sri B'V"--Rmnm2,}_kd§£; for R2) Wm yeaition is filed um: An.22ax227 of the Comtimtion direct rcspondents to consider the entite 25 days 5 actmty' ' ' 3-ttcmiaxacafa days and declare that there is 119 shortage af attendance of the __ &;?cfi:;i.d:1e'r' 52' me acadamic. year 2507-63. V . V . Ih£s Writ Petition comma an For rdzrskhis day, the Ceurt made the fuliowing; ' flkfififi Petitioner is ssist to have joined the 2"' respondent college fnr___I year
B.Com for the mamas year zoomeos. Petitioner is ssia
represented the Univemity is Hockey span held as
16.1.2008 and 23.1.2008. Petitioner also use u ”
in Hockey tournament during 2007-2093. In fie.
thc aaendance certificate issued by ti1é#__D£1jector Gt’ as at-. . L’
According to the hc_7wa_s’ V’ “a:!1endance”c£mcessio11 for
15 days oiafiy and 25.’ days of attendance, he would very
well fuifil ‘ — to appear for tho examination. Since
there is gshortage tfie University did not approve his appearing
._ for théu year. Hence, this petitim.
“it. §i1bgi1i:{sien of the: petitioner’s counsel that 8:: petitioner is a
ts2ssst;:4i’spmftsss&.;s:ss he has so sspmsmsd the University and the State as
‘,a_ Hmkfiyt. at the national iewi. He hm seemed attendance of 80% ‘m
ss1sjscs,V’sbsvs 60% in three subjects, 79% in em subject md only in om
._.j.’–‘s1x”hje»c*’.t’Al1e has secured attendance of 53%. if 25 days attendance were given
ssfgs he would be eligible to appw for the examination in stead,
respondent authorityhas granted only 15 days atteadanee which falls short of
the requirement.
It is the argument of the respondent’s emmsel flmaifea V H
Regulation provided by the University, all srmea-ass’ {he V
mm” imam 75% attendance and althouga petitieizer
attended the sports meet only for 15 end ISV_’d’ey§ eprie:essier:”: in
attendance has been gamed to tier hayi:j;g_rep;esexa£ea ufisvmiw
and, further man: of 10 days or 410% not arise.
Accordingly, referring to the of afong with the
amendment a catena of deeisiens, this
com is of mekiewe aha: begs abstained from amending classes
should not allo£i¢edVp’msi1:_= the’ courses as otherwise it amounts to
valieawfizag to ‘pewetuated. In this regard, learned cottage} has
relied am the ‘is! the case of Salish Vs Vce flinmwdfor — ILR 1994
” VVVKAR reel;-~’
V’ .. ‘Aiaethe of ihe arguments advanced, iet me consider whether the
‘ ~ V .. pegisiéxeci be considered for the reliezfas sought for by him.
\>/
From a perusal of mmexure D, it is seen in two subjects petitienem
attendance of 57%, in one subject 61% and in two subjects he A.
of 19% and 30%. Only in one subjeet, he hasflghot s3%–ane.~.;:;;.n¢e.:. But, _: ” ” ~
petitioner’; over all percentage is 68% In the zeoeefic ie:,_ A’
taken into consideration, by aliowing hi::a.__.evenV”7$}e”ettend.mee. weuleié
have satisfied the requirement. However, not he has
to secure only 75% attendance A
diligent siudent should make all eiasses except in
contingencies.
vaxious certflicates wherein
he has panicijsezed-ix; at the national level. In the
circumstaneee, fl:eL”‘a’eepondent could have comidered him as a
the Refiuiatiefis, to tank} that he has sufikient attendaiace.
are strietly enforced in case of these type of
_studenia “W50 sportsmen, no student may come forward to join
$1.*ons. ever,” is not as if in almost all the subjects petiliener is traiiing
above, in three subjects he has got attendance ofmore than
R e::ar.;I”a’iArnost 80% in two subjects. He has fallen short of attendance in
V V ‘ whim
In the circumstances, it is for the respondent University to
the xequimd attendance as a special case in view of he 3. .
nationai Iewf sportsman and also declare his meal! since u u
the interim order, he has appeared for the
observed, this benefit cannot be claimed in
to make all e-Harts to attend the classes: the
requmem’ en: nfmm’ nu’ um _ .
Petition is efloiyeli. ” ;~._..?m:s order skull not
become a preceded? for on ibis ground.
Sd/-=
Tudqfi