K. Khayathri vs The Secretary to Government of Tamil Nadu Department of Technical Education and Others

D. Hariparanthaman, J.—The petitioner was admitted in B.E. Electronic Communication Engineering in the fifth respondent College during

the academic year 2010-2011. The said College is affiliated to Anna University, Chennai. During the 7th semester, i.e., August-September 2012,

the petitioner developed severe illness-Seizuru Disorder/Dress, for which she was under medical treatment for about 45 days. She attended

classes regularly except during the days when she was admitted as inpatient in the Hospital. The petitioner remitted the semester fees in the college.

The petitioner was permitted to write the 7th semester examination by the fourth and fifth respondents. The eighth semester classes started during

December 2012 and the petitioner was also attending 8th semester classes regularly. While so, on 30.01.2013, the fifth respondent said that she

had lack of attendance for writing the 7th semester examination and directed the petitioner not to attend the 8th semester classes and redo the 7th

semester classes and again to write the 7th semester examination in the next academic year 2013-2014. Hence, the petitioner has filed the present

Writ Petition seeking for direction to the respondents 2 to 4 to permit her to attend B.E. Electronic Communication Engineering final year 8th

semester classes and to carry out project work including 1st and 2nd review and to permit her to write the 8th semester examination scheduled to

take place during April-May 2013.

The petitioner also prayed for an interim direction to publish the result of the 7th semester examination that was held during November-

December 2012. On 26.03.2013, this Court directed the University to publish the 7th semester examination result of the petitioner within a week.

It is stated that the result is yet to be published, since a week''s time is not yet over from the date of receipt of a copy of that order.

The College filed a counter affidavit refuting the allegations. The University also gave written instructions to the learned counsel for the

University.

Heard both sides.

The learned counsel for the petitioner vehemently contended that having permitted the petitioner to appear for the 7th semester examinations, the

petitioner cannot be directed to redo the 7th semester classes. It is also submitted that the petitioner was permitted to attend the 8th semester

classes and therefore, the petitioner cannot be prevented from attending the 8th semester classes and the petitioner shall be permitted to complete

her 8th semester classes and to write the examinations.

On the other hand, the learned counsel for the fifth respondent college made submissions that based on the instructions given by the Controller

of Examinations, Anna University, Chennai, the college took action. It is submitted that the petitioner has secured only 22% attendance and that

she requested the college that she would approach the University for condoning the attendance so as to permit her to write the examinations.

Hence, she was permitted to write the examinations based on her request. When the University instructed that she does not attend the required

classes as per the Regulations and that she shall not be permitted to attend 8th semester classes, suitable action was taken by the college.

The learned counsel for the University has produced the instructions of the Controller of Examinations, Anna Unviersity, Chennai, dated

02.04.2013, in which, it is stated that R. Khayathri secured only 22% of attendance and she attended 142 periods out of 450 periods. As per the

Anna University UG (B.E./B.Tech.) Regulations, 2008, the petitioner is not entitled to appear for the semester examinations, since she does not

have the requisite attendance. It is further stated that the instruction is given in the Hall Ticket that the candidate shall satisfy the attendance and

other requirements as per Rules, Regulations and Instructions issued by the University from time to time. It is also printed in the Hall Ticket that if

later it is found that the candidate fails to comply with the above requirements, the examinations written by the candidate will be treated as

cancelled. The learned counsel submitted that therefore the petitioner shall redo the 7th semester classes and also 8th semester classes during the

next academic year.

I have considered the submissions made on either side.

Regulation 6 of the Anna University U.G. (B.E./B.Tech.) Regulations 2008 is relating to requirements for completion of the semester. There are

four Clauses, namely, 6.1 to 6.3 and same are extracted as hereunder:-

Requirements for Completion of the Semester:

6.1. A candidate who has fulfilled the following conditions shall be deemed to have satisfied the requirements for completion of a semester.

Ideally every student is expected to attend all classes and secure 100% attendance. However, in order to give provision for certain unavoidable

reasons such as Medical/participation in sports/personal, the student is expected to attend atleast 75% of the classes during any semester

commencing from First semester.

6.1.1. Therefore, he/she shall secure not less than 75% (after rounding off to the nearest integer) of overall attendance taking into account the total

number of 450 periods in a semester within 90 working days in all courses put together attended by the candidate as against the number of periods

in all courses offered during the semester (vide clause 5.3)

6.2. However, a candidate who secures overall attendance between 65% and 74% in that current semester due to medical reasons (prolonged

hospitalization/accident/specific illness/Participation in Sports events) may be permitted to appear for the current semester examinations subject to

the condition that the candidate shall submit the medical certificate attested by the Head of the Institution. The same shall be forwarded to the

Controller of Examinations, Anna University, Chennai for record purposes.

6.3. Candidates, who secure less than 65% of 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.

(Emphasis supplied)

As per Clause 6.1.1 of the Regulations, the students should have secured not less than 75% of attendance.

However, as per Clause 6.2, the students who secures attendance between 65% to 74% due to medical reasons may be permitted to appear

for current semester examinations on condition that the candidate shall submit the medical certificate attested by the Head of the Institution. Clause

6.3 makes it clear that the students, who secure less than 65% of attendance shall not be permitted to move the next semester. The students are

required to repeat the incomplete semester in the next academic year, as per the norms prescribed.

Therefore, as per Clause 6.3 of the Regulations, the petitioner is not entitled to write the 7th semester examinations. According to the

petitioner, since she was permitted to write the examinations, she cannot be directed to redo the semester again. In my considered view that the

petitioner cannot take advantage of writing the examination by her, in view of the following conditions that are printed in the Hall Ticket.

The Hall Ticket is issued subject to the candidate satisfying the Attendance and other requirements as per Rules, Regulations and Instructions

issued by the University from time to time. If later, it is found that the candidate fails to comply with the above requirements, the examinations

written by the candidate will be treated as cancelled.

Unless, the student has attended the requisite minimum classes, she cannot be permitted to write the examinations. It is only with a view to

maintain standards of education. There cannot be dilution of the standards. Just because the petitioner wrote the examinations, she cannot now

seek or plead that she cannot redo the 7th semester classes, particularly, when she did not have the required attendance. Even as per her affidavit,

she was not well and she was also admitted as inpatient in the hospital.

Likewise, as per Clause 6.3 of the Regulations, the petitioner cannot move to the next semester until she has requisite attendance for the 7th

semester. As the petitioner did not have the requisite attendance for the 7th semester, she cannot attend the 8th semester classes without attending

the 7th semester classes, as per the Regulations. For all these reasons, I am of the view that the Writ Petition fails and the same is liable to be

dismissed. Accordingly, the Writ Petition is dismissed. No costs. Consequently, the connected Miscellaneous petitions are dismissed.