- (1.) the petitioners in both these writ petitions are students of four-year b.tech., course in aurora engineering college, bhongir, nalgonda district, the second respondent herein. They allege that they have been regularly attending the classes during the academic year 2002-03 including the guest lectures and seminars conducted by the college. Though they were promised by the management of second respondent that attendance at guest lectures and seminars would also be reckoned for the purpose of calculating attendance as per b.tech., course regulations, they were not given the benefit. Further, during the annual day function, the students were given five days preparation time but the same was not counted for the purpose of attendance and as and when the students did not adhere to dress code, absent was marked, as a result of all this, on the eve of annual/semester examinations on 30.4.2004, the petitioners were not issued hall tickets on the ground that they do not have the required attendance as per b.tech., course regulations. Therefore, they filed writ petitions challenging Regulation 6 of b.tech., four year degree course (revised) academic regulations made by the first respondent (hereafter called, j.n.t.u), which prescribes minimum attendance for appearing in final examinations.
(2.) in the affidavit filed along with the writ petitions, the petitioners did not raise any grounds in support of their prayer. When this was pointed out, the petitioners in W.P. No.8720 of 2004 filed another affidavit before this court on 12.9.2004. In this affidavit, the petitioners state that the relationship between the student and j.n.t.u. is partly governed by contract and partly by principles of public law. The students have not signed any document accepting the regulations and therefore they do not form part of the contract. The students, however, had knowledge of the attendance Rule and attended classes in order to fulfil the said criteria, to get qualified for the examinations as well as internal assessment of twenty marks. The petitioners were also given to understand that even if they fall short of attendance, the same would be condoned on such students paying nominal fee. It is further stated that it would be a fallacy to suggest that those students with full attendance are better placed than those students who do not have a required attendance. They contend that in countries like united kingdom, there is no compulsory attendance and it is left to the choice of the student, whether to attend classes or not. A student who joins the course continues to gain experience and also can learn without attending the classes and therefore there is no logic in prescribing 75/65 per cent of attendance as minimum requirement to make a student eligible to appear in the university examinations. The university has no such power to make the regulations under the provisions of jawaharlal nehru technological university Act, 1972 (for short, the act) and any Rules made thereunder. The Regulation 6, which deals with attendance, infringes the fundamental rights of the petitioners under articles 19, 21 and 41 of the constitution of india, that Regulation 6 is not clear and therefore it violates Article 14 of the constitution of india besides being ultra vires.
(3.) the registrar of j.n.t.u. filed counter-affidavit denying petition averments. It is stated that the second respondent detained the petitioners in the semester, in which they were studying, as they did not secure minimum percentage of attendance as per academic regulations of j.n.t.u. the petitioners have not attended classes regularly. As per Regulation 6 of j.n.t.u, regulations, one should put in 75 per cent of the attendance, however, subject to condonation of attendance upto 10 per cent in each semester or year. The petitioners were not having minimum attendance in second year b.tech., second semester and therefore they were detained and they were not permitted for second year second semester. While denying all other allegations, the first respondent also has given attendance of each of the petitioners during the second semester of second year course.;