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Judgment
D. Hariparanthaman, J.—The petitioner was admitted in B.E. Electronic Communication Engineering in the fifth respondent College during the academic year 2011-2012. The said College is affiliated to Anna University, Chennai. During the 5th semester, i.e., September-October 2012, the petitioner fell ill, for which he was under medical treatment for about 35 days. He attended classes regularly except during the days, when he was admitted as inpatient in the Hospital. The petitioner remitted the semester fees in the college. The petitioner was permitted to write the 5th semester examination by the fourth and fifth respondents. The sixth semester classes started during December 2012 and the petitioner was also attending 6th semester classes regularly. While so, on 30.01.2013, the fifth respondent informed that he had lack of attendance for writing the 5th semester examinations and directed the petitioner not to attend the 6th semester classes and redo the 5th semester classes, to write the 5th semester examinations 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 him to attend B.E. Electronic Communication Engineering 6th semester classes including practical classes and to permit him to write the 6th semester examination scheduled to take place during April-May 2013.
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 5th semester examinations, the petitioner cannot be directed to redo the 5th semester classes. It is also submitted that the petitioner was permitted to attend the 6th semester classes and therefore, the petitioner cannot be prevented from attending the 6th semester classes and the petitioner shall be permitted to complete his 6th 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 34% attendance and that he requested the college that he would approach the University for condoning the attendance so as to permit him to write the examinations. Hence, he was permitted to write the examinations based on his request. When the University instructed that he does not attend the required classes as per the Regulations and that he shall not be permitted to attend 6th 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 S. Sri Harish secured only 34% of attendance and he attended 216 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 he 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 5th semester classes and also 6th 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 5th semester examinations. According to the petitioner, since he was permitted to write the examinations, he cannot be directed to redo the semester again. In my considered view that the petitioner cannot take advantage of writing the examination by him, 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, he 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, he cannot now seek or plead that he cannot redo the 5th semester classes, particularly, when he did not have the required attendance. Even as per his affidavit, he was not well and he was also admitted as inpatient in the hospital.
Likewise, as per Clause 6.3 of the Regulations, the petitioner cannot move to the 6th semester until he has requisite attendance for the 5th semester. As the petitioner did not have the requisite attendance for the 5th semester, he cannot attend the 6th semester classes without attending the 5th 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.