T. Santosh Reddy v. Osmania University, rep. by its Registrar, Hyderabad
2010-10-25
NOOTY RAMAMOHANA RAO
body2010
DigiLaw.ai
Judgment :- This writ petition has been instituted by a student, who was pursuing his III Year B.E. Course, with the 2nd respondent College of Engineering and Technology, calling in question the order passed on 31-10-2009, by the said 2nd respondent, detaining him among other students due to shortage of attendance during the First Semester of the III Year Course during the academic year 2009-10. There is no dispute that the writ petitioner was prosecuting III Year B.E. Course in the 2nd respondent College, which is affiliated to the 1st respondent University. According to him, during the currency of the First Semester of the III Year, he has participated in the International Knowledge Carnival GRAVITAS “09” held between 11th and 13th September 2009, at Vellore Technical University, Vellore, Tamil Nadu. He has participated in the said International Knowledge Carnival and thereafter, he has also participated at a National Level Technical Symposium held between 22nd and 23rd October 2009, at Padmasri Dr.B.V.Raju Institute of Technology, Medak. The writ petitioner has obtained the permission of the 2nd respondent College before participating in these events. The grievance of the writ petitioner is that if the period during which he has participated in these events, together with the reasonable period of journey time, is reckoned, he would not have fallen short of the attendance requisite for appearing for the semester end examinations. The 1st respondent University has framed certain Rules and Regulations for computation of attendance of students. Para 5 thereof would read as under: “Attendance of NCC Camps or Inter collegiate or Inter University or Inter State or International matches or debates or Educational Excursions or such other Inter University activities as approved by the authorities involving journeys outside the city in which the college is situated will not be counted as absence. However, such absence shall not exceed (8) weeks per year of the total period of instructions. Such leave should not be availed twice during the course of study.” The 2nd respondent College has construed that para 5, quoted supra, would get attracted wherever the students participate in N.C.C. Camps or Games & Sports Events or Debates or Educational Excursions only and hence, the events at which the writ petitioner has participated are not attracted.
Such leave should not be availed twice during the course of study.” The 2nd respondent College has construed that para 5, quoted supra, would get attracted wherever the students participate in N.C.C. Camps or Games & Sports Events or Debates or Educational Excursions only and hence, the events at which the writ petitioner has participated are not attracted. Therefore, the 2nd respondent College has not reckoned the period of his absence for participation in the International Knowledge Carnival GRAVITAS “09” held between 11th and 13th September 2009 at Vellore Technical University, Vellore, Tamil Nadu and at a National Level Technical Symposium held between 22nd and 23rd October 2009, at Padmasri Dr.B.V.Raju Institute of Technology, Medak, towards attendance. I am afraid, the 2nd respondent has not properly construed the scheme contained in para 5 of the Rules & Regulations of the 1st respondent University Circular, quoted supra. While para 5 clarifies, by mentioning specifically, N.C.C. Camps, Inter-Collegiate or Inter-University or Inter-State or International Matches, obviously, relating to the games & sports events at those levels, but however, it has proceeded to further specify, Debates or Educational Excursions or such other Inter-University activities, as approved by the authorities, involving journeys outside the city in which the college is situated. To my mind, the expression ‘such other Inter-University activities’ is a generalized expression, which has got to be understood in the context of the events that were specifically notified earlier thereat, participation at which would require the students to abstain from the academic work at the respective institutions, where they were prosecuting the course of study. When the University circular has taken note of N.C.C. Camps, Games & Sporting Events, Debates and Educational Excursions, it has broadly identified specific activities, which could compel the students to stay away from attending to the academic work. Therefore, ‘such other Inter-University activities’, as notified supra, must be understood as, other activities concerning curricular or co-curricular or extra-curricular activities. While Sports & Games can be construed as extra-curricular activities, participation in Educational Excursions and Debates can be construed as co-curricular activities.
Therefore, ‘such other Inter-University activities’, as notified supra, must be understood as, other activities concerning curricular or co-curricular or extra-curricular activities. While Sports & Games can be construed as extra-curricular activities, participation in Educational Excursions and Debates can be construed as co-curricular activities. If the participation of the writ petitioner in the International Knowledge Carnival GRAVITAS “09” held between 11th to 13th September 2009 at Vellore Technical University, Vellore, Tamil Nadu and at a National Level Technical Symposium held between 22nd and 23rd October 2009, at Padmasri Dr.B.V.Raju Institute of Technology, Medak, is not disputed, they can fall under the broad classification of co-curricular activities. The students were required to make their presentations only with regard to the study made by them or the research work carried out by them and hence, the period of absence for participation at such co-curricular activities will have to be construed as not liable to be counted as absence from the academic activities, but liable to be counted towards attendance by the students. It is, therefore, improper for the 2nd respondent College to have treated the writ petitioner to be absent during the period / time when he has participated at the International Knowledge Carnival GRAVITAS “09” held between 11th and 13th September 2009 at Vellore Technical University, Vellore, Tamil Nadu and at a National Level Technical Symposium held between 22nd and 23rd October 2009, at Padmasri Dr.B.V.Raju Institute of Technology, Medak, and also duly taking reasonable period of journey time to participate therein, as absence from the academic activities. There is also no dispute that if this period is reckoned, taking into account the same as attendance at the College, the writ petitioner would not have fallen shortage of the requisite percentage of attendance. By an interim order passed by this Court on 05-07-2010 in W.P.M.P.No.32083 of 2009, the writ petitioner was permitted to appear for the III Year First Semester end examinations, but however, it was directed that the results of the same should not be announced.
By an interim order passed by this Court on 05-07-2010 in W.P.M.P.No.32083 of 2009, the writ petitioner was permitted to appear for the III Year First Semester end examinations, but however, it was directed that the results of the same should not be announced. In view of my finding that the period during which the writ petitioner was absent from the 2nd respondent College to participate in the International Knowledge Carnival GRAVITAS “09” held between 11th and 13th September 2009 at Vellore Technical University, Vellore, Tamil Nadu and at a National Level Technical Symposium held between 22nd and 23rd October 2009, at Padmasri Dr.B.V.Raju Institute of Technology, Medak, is liable to be not counted as absence, but should be treated as presence, the results of the examinations for which the writ petitioner has been permitted to appear, should be declared. Therefore, the 1st respondent University is directed to declare the results of the writ petitioner for the First Semester end examinations of III Year B.E. (CSE) Course, within a period of one week from the date of receipt of a copy of this order. With this, the writ petition stands allowed. No costs.