Judgment : This writ petition is filed for a mandamus to set aside letter, dated 08.08.2012, of respondent No.3. The petitioner joined 6-Year Integrated B.Tech., Program in Rajiv Gandhi University of Knowledge Technologies (RGUKT), Basara, Adilabad District in the year 2010. After completing her V Semester, she has entered VI Semester, which is an Introductory Semester for B.Tech., Engineering Course which commences from VII Semester. She was not permitted to pursue the B.Tech., Engineering Course from VII Semester onwards on the ground that in VI Semester, her attendance fell short of the prescribed attendance. She, has therefore, filed W.P.No.22560 of 2012 in this Court. The said writ petition was disposed of by order, dated 25.07.2012, and the material portion of the said order is as re-produced below: “A perusal of the record shows that the petitioner is a bright student with her G.P.A. consistently varying between 8.42 and 8.79. If the alleged severe back-ache is the only reason for her absence, the respondents need to consider her case in terms of the regulations made by the University. The available record does not reveal that the petitioner’s case was considered from this perspective. Accordingly, a direction is issued to respondent No.3 to consider the petitioner’s case with reference to the existing regulation on attendance and if the petitioner satisfies the requirements of the relevant regulation, she shall be promoted. A decision in this regard shall be taken and communicated to the petitioner within one week from the date of receipt of this order.” Purporting to consider the direction given in the above-mentioned order, respondent No.3 passed the impugned order, wherein he has mentioned as follows: “I am directed to inform that your case for promotion to B.Tech., I year has been reviewed as per the orders of Hon’ble High Court of Andhra Pradesh, keeping in view your medical record and the SGPA scored by you in PUC I year and PUC II year (8.54 and 8.58). As your are aware the Academic Regulation of RGUKT does not permit promotion of students to B.Tec., I year if a student fails to put in the required attendance percentage of 75 in the concerned semester (PUC Sem6 in your case 41%) and his/her total absence exceeds 60 days in an academic year (You were absent for 73 days in P2). Further, the 6th semester of PUC is not optional for those who want to continue education in RGUKT and it is mandatory. In view of the rule position given above, I am directed to inform that your are not eligible for promotion from PUC 2nd year to B.Tech., 1st year. However, you can seek readmission to PUC 6th semester during 2012-13 and complete the pass requirements of PUC to become eligible for promotion to B.Tech., 1st year along with your juniors next year i.e., 2013-14.” Feeling aggrieved by this order, the petitioner filed this writ petition. At the hearing, Sri P.Vinod Kumar, learned counsel for the petitioner, submitted that the ground on which the petitioner was not allowed to pursue her B.Tech., I year (VII Semester) is contrary to the Rules and Regulations for the 6-Year Integrated B.Tech., Program of RGUKT (for short ‘the Regulations’). He has placed reliance on Regulation 4.3 of the Regulations and submitted that for a student to enter the Engineering part of the Under Graduate Programme (from VII Semester), he has to satisfy the twin requirements of obtaining a CGPA of 6.00 or more by the end of V Semester and must have passed all the subjects in I to V Semesters. The learned counsel further submitted that VI Semester is an optional one which pertains only to introductory session on completion of V Semester (PUC) and that the Regulations have not prescribed the attendance in the said Semester as compulsory. The learned counsel, therefore, submitted that detention of the petitioner on the ground of her falling short of attendance is contrary to the Regulations and arbitrary. The respondents filed a counter affidavit, wherein they have inter alia averred that Pre-University Course is a trimester programme (three Semesters in each year) and that the petitioner is aware of this Regulation and attended classes of VI Semester for 22 days and the introductory subjects taught in VI Semester are essential for the students to continue in 6-Year Integrated B.Tech., programme and that therefore, VI Semester is an integral part of the same academic year. It is further averred that as per the Attendance Regulations of the RGUKT, the petitioner is not eligible for promotion from PUC II year and that none of the students who have more than 60% shortage of attendance are eligible to join B.Tech., I year. It is further averred that as per the Attendance Regulations of the RGUKT, the petitioner is not eligible for promotion from PUC II year and that none of the students who have more than 60% shortage of attendance are eligible to join B.Tech., I year. The relevant Regulations to be considered in this case are Regulations 4.2, 4.3 and 4.4 which read as under: “Graduation or Pass Requirement of the Pre-University Course 4.2 A student is expected to complete the requirements of the two year PUC by completing the residential and educational requirements at RGUKT satisfying the attendance requirements. In order to pass the PUC part, at the end of the PUC including the remedial courses and supplementary examinations, a student is required to pass in all prescribed courses by securing the minimum grade of P. A pass class will be awarded to each student based on the following performance requirements: Class awarded Distinction First Class Second Class Pass Class Fail Rangeof CGPA CGPA > = 8.00 7.00 < = CGPA < 8.00 6.00 < = CGPA < 7.00 5.00 < = CGPA < 6.00 CGPA < 5.00 Admission into I year Engineering 4.3 In order to enter the engineering part of the undergraduate programme, a student has to satisfy the following requirements: Obtain a CGPA of 6.00 or more by the end of the 5th semester Must have passed all the subjects in the 1st to 5th semesters 4.4 A student who failed to satisfy the requirements at 4.3 is entitled to reregister and retake regular examinations during the next year in select subjects so as to satisfy the requirements at 4.3 and can claim admission into 3rd year in the next year. However, this opportunity will be given once only. Such candidates can opt to stay on campus and repeat education by attending classes and taking examination in the select reregistered subjects during their 3rd year along with the 1st or 2nd year students by paying the and mess charges.” The Regulations on Attendance which are also relevant in this context read as under: “1. RGUKT being a residential institute, 100% student attendance is required. However, a small percentage of absence from classes to the tune of 10% may be tolerated. RGUKT being a residential institute, 100% student attendance is required. However, a small percentage of absence from classes to the tune of 10% may be tolerated. On medical grounds, a student may be permitted an absence of up to 30 days at a stretch, not exceeding 60 days in an academic year, with genuine support documents and approval of the Dean (Academic affairs). 2. In cases exceeding more than 30 days in a semester, the student has to repeat the semester. 3. Medical absence of up to one academic year may be granted against submission of genuine documents and an undertaking by student and parent that the absence is not taken for attending any other entrance test or for joining elsewhere, with the approval of the Dean (Academic) [VC in the absence of Dean]. 4. The student’s name will be taken off the rolls, if the absence is more than one academic year. However, in genuine cases an absence of more than one year and up to a maximum period of two years can be granted by the Acad Council/Senate on prior application to only those students who were studying beyond the first year of Engineering. 5. The readmission granted for long absentees on medical grounds will be for a maximum of total absence of two years only in the entire six years integrated B.Tech.” In Section II of the Rules reference to the attendance in VI Semester is made and it reads as under: “The sixth and last semester of the PUC stream will be utilised to impart introductory classes for the Engineering subjects that shall follow the PUC stream. Though there will be regular instructions and attendance, there will be no examinations for this semester.” As rightly submitted by the learned counsel for the petitioner the core requirements for a student to enter the Engineering part of Under Graduate Programme are that he should obtain a CGPA of 6.00 or more by the end of V Semester and must have passed all subjects in the first five semesters. No doubt, under Regulations on Attendance, a student is permitted to be absent up to 30 days at a stretch not exceeding 60 days in an academic year and where the absence exceeds 30 days in a Semester, a student has to repeat the Semester. No doubt, under Regulations on Attendance, a student is permitted to be absent up to 30 days at a stretch not exceeding 60 days in an academic year and where the absence exceeds 30 days in a Semester, a student has to repeat the Semester. If the Regulations relating to attendance are read in isolation, the action of the respondents in not permitting the petitioner to enter Engineering stream appears justified. But, the crux of the issue in this case is that the petitioner was absent on medical grounds with a shortage of attendance by 59% in VI Semester after completion of the PUC part of the Course. On the respondents’ own showing, VI Semester pertains only to introductory course for engineering course and even the examinations are also not prescribed for the said Semester. A passing reference was however made on taking attendance in VI Semester. Had it been the intention of the RGUKT that the required attendance in VI Semester is a condition for the student to enter the Engineering part, nothing would have prevented them from adding the same under Regulation 4.3. By satisfying both the requirements in relation to the requirement of CGPA and passing of all the subjects in the first five semesters, the petitioner has acquired a right to enter the Engineering part of the Course. In order to deny that right, a specific Regulation must exist, which prevents the petitioner from entering the Engineering part without the required attendance in the introductory course. Even though the counter affidavit sought to justify insistence on attendance even for the introductory Semester, as noted above, the detention for not having required attendance in VI Semester is not envisaged unlike Regulation 4.2 which specifically stipulated satisfying attendance requirement for completing the two year PUC. It is trite that prescription of minimum attendance for promotion is necessary in the interests of securing academic excellence by a student. Ordinarily, the Courts would not interfere with the functioning of Educational Institutions in this area. But, in my opinion, there is ambiguity in the Regulations of the RGUKT. It is trite that prescription of minimum attendance for promotion is necessary in the interests of securing academic excellence by a student. Ordinarily, the Courts would not interfere with the functioning of Educational Institutions in this area. But, in my opinion, there is ambiguity in the Regulations of the RGUKT. While this Court cannot find fault in insistence on regular attendance of a student even in an introductory course such as VI Semester, in my considered view, under the existing Regulations, the RGUKT cannot apply the same rigor to a student of VI semester, which it applies to the students of PUC and VII Semester onwards. I may hasten to add that this Court shall not be understood as giving freedom to the students of VI Semester to skip the classes and still insist on being promoted to the Engineering part of the course. In considering the requests of the students of VI Semester, the RGUKT needs to be more considerate and flexible in considering the genuine cases of the students who would have been prevented by reasons such as ill-health from putting up the minimum required attendance unless and until the Regulations prescribing putting up of the minimum attendance even in VI Semester as a condition for promotion to the Engineering part of the course are amended. In the instant case, the petitioner is a very bright student who secured CGPA between 8.42 and 8.79. There was no complaint of shortage of attendance against her in the PUC course. She has pleaded that due to severe backache, she could not secure the prescribed attendance. While rejecting the petitioner’s request after remand, the RGUKT have not disbelieved her plea that due to health reasons she could not put in the attendance required for being promoted to the PUC and Engineering part of the course. For the above-mentioned reasons, the impugned letter is set aside. The respondents are directed to permit the petitioner to enter the Engineering part of the Course. It is stated at the Bar that the academic classes have been commenced from 01.08.2012. As the petitioner has reasonable grounds for condonation of shortage of attendance, she is permitted to make appropriate application for condonation of such shortage after her admission into VII Semester. It is stated at the Bar that the academic classes have been commenced from 01.08.2012. As the petitioner has reasonable grounds for condonation of shortage of attendance, she is permitted to make appropriate application for condonation of such shortage after her admission into VII Semester. Before closing this case, it needs to be observed that this Judgment is rendered on the facts and circumstances of the case and the same shall not be treated as a precedent by students to claim exemption from putting in the prescribed attendance in VI Semester as of right. It also needs to be observed that the RGUKT may consider appropriate amendment of the Regulations for prescription of minimum attendance in VI Semester. Subject to the above directions, the writ petition is allowed. As a sequel to disposal of the writ petition, W.P.M.P.No.32573 of 2012 shall stand disposed of as infructuous.