- (1.) BY consent, the main writ petition itself is taken up for final disposal.
(2.) THE petitioner is a student doing B.E (Electronics and Electrical Engineering) course. He joined the course during the academic year 2006-2007. When he was doing 4th semester during the academic year 2007-2008, he could not earn sufficient attendance as he had fallen seriously ill. Since his attendance had gone below the condonable limit, the first respondent-College did not allow him to sit for 4th semester examination. He further states that he has paid the fees for 3rd year course. But he was not allowed to do 3rd year course in the College. THErefore, he has come forward with this writ petition seeking for a direction to the first respondent to issue Transfer Certificate, indicating that he had completed the 2nd year B.E.Course at the time of his leaving the Institution, together with Conduct Certificate and to return all the originals submitted by him, so as to enable him to pursue his studies in some other college. He has also requested for a direction to the first respondent to refund the fee paid for the 3rd year, namely, Rs.35,000/-. When this writ petition came up for hearing yesterday, it was brought to the notice of this Court by the learned counsel for the first respondent that as per the Anna University Regulations, since the petitioner did not secure atleast 65% of attendance, the first respondent-college could not help him to allow him to sit for 4th semester examination. However, the learned counsel submitted that the first respondent is ready to issue Transfer Certificate as well as Conduct Certificate. He further submitted that in the Transfer Certificate, the first respondent, College may have to mention that the petitioner did not secure sufficient attendance in the 4th semester course. Yesterday, the petitioner's father, who is a practicing advocate, was present assisting the counsel on record. After hearing the submissions made by the learned counsel for the first respondent, and after understanding the legal position, namely, the regulations of the Anna University, he sought for time to have discussion with the petitioner and to report to this Court. Today, the petitioner along with his father is present in Court for instructing the counsel on record. According to the petitioner, he could not earn sufficient attendance because he was suffering from acute jaundice and he has also produced medical records. It may be true that the petitioner had sufficient cause which prevented him from earning sufficient attendance. The Principal of the College has got power to condone lack of attendance only by 10%. But the petitioner has not even come within the condonable limit of lack of attendance. Therefore, the first respondent could not do anything to help the petitioner to allow him to sit for the examination. Thus the first respondent is right in declining to allow the petitioner to sit for 4th semester examination.
(3.) TODAY, the petitioner, who is present in Court through his counsel, would submit that he is prepared to re-do the 4th semester in the first respondent-College itself and the first respondent college may be directed to allow him to re-do the 4th semester. The learned counsel for the first respondent would be very fair to submit that the first respondent is prepared to take the petitioner in the College to re-do the 4th semester provided he pays the minimum required fees for redoing the course. The learned counsel for the petitioner would submit that since the petitioner has paid the fees for 3rd year already, a part of the said fees may be now adjusted towards redoing the 4th semester course and the petitioner will pay the balance of fees for the third year when he enters in the 3rd year course. The said statement is recorded.;