The Tamil Nadu Dr. Ambedkar Law University vs B. Surendra Mohan and Others

P. Sathasivam, J.—The Tamil Nadu Dr. Ambedkar Law University is the appellant. The University challenges the order of the learned single Judge dated 13.08.2004 made in W.P. No. 14415 of 2004, in and by which, the learned single Judge, after adopting a method, which is permissible according to the rules and regulations, has issued directions for writing next semester examination as well as condonation of lack of attendance.

Heard the learned Counsel for the appellant.

The contesting respondents-writ petitioners yet to be served notice in this appeal.

In view of the order to be passed hereunder, we are inclined to dispose of the appeal without bothering the respondents. The contesting respondents-writ petitioners have approached this Court by way of Writ of Mandamus for appropriate direction to the authorities to grant notional benefit of attendance to the students, whose attendance has fallen short of the mandatory 75%. It is not in dispute that if any student has 66% attendance, the lack of attendance will be condoned on payment of certain fee. It is projected before the learned single Judge by the students of Coimbatore/Salem Law College that they had been admitted to the course belatedly and if the minimum attendance viz., 75% is considered from their joining from the date on which they joined the course, there will not be any difficulty either permitting them to write the next semester or condoning the lack of attendance on payment of certain fee. It was also brought to the notice of the learned single Judge that inspite of the rules provided for minimum of 75% and of 66% subject to condonation, the authorities reserved their right to permit certain students to move to the next semester. It was also demonstrated before the learned single Judge that inspite of the same, some of students have been permitted to go to the next semester and the college authorities had also received the semester fees. In those circumstances, taking note of the grievance expressed by the students as well as the rules applicable for minimum attendance, the learned single Judge has issued a direction to the college authorities to calculate the attendance of each student as per the directions mentioned in para 2 of the order. The learned Judge further clarified that if a student has 75% attendance calculated on the basis of the number of working days after he was admitted, he shall be permitted to write his examination/move to the next semester. The learned Judge further observed that if the student has 66% attendance calculated as per the method provided in para 2 of the order, the college authorities have to receive the condonation fee and thereafter permit him/her to write examination/move to the next semester.

Considering the grievance expressed by the students, the rules applicable to them as well as the conduct of the college authorities in permitting some of the students by giving exemption or regularisation, we accept the method adopted by the learned single Judge and the directions issued by her. In view of the same and in the absence of any other contra materials or information, we do not find any ground for interference. On the other hand, we are in agreement with the conclusion arrived at by the learned single Judge. Consequently, the writ appeal fails and the same is dismissed. No costs. WAMP No. 2966 of 2005 is also dismissed.

It is made clear that the procedure adopted by the learned single Judge and confirmed by us cannot be cited as precedent for other cases.