- (1.) Petitioners, who are 8 in number, are stated to be students of B. Tech Course of second year of IIMT Engineering College, Meerut (an institution affiliated to Mahamaya Technical University, erstwhile U.P. Technical University, Lucknow).
(2.) Petitioner before this Court alleged that they have been permitted to sit in the IIIrd Semester Examination conducted by the University, held in January, 2010. However, under the letter of the University dated 2.11.2010, the petitioner have been informed that there result have been detained as they could not achieve the required minimum attendance of 60%, as is mandatory to be eligible for appearing in the Semester Examination. Said order has been passed in pursuance to an order of the Writ Court dated 21.1.2010, passed in Writ Petition No. 58087 of 2010, copy whereof is enclosed as Annexure-2 to the writ petition. It is against this order of the University that the present writ petition has been filed.
(3.) A counter affidavit has been filed on behalf of the University as well as by the College categorically stating that the attendance achieved by the petitioners was less than that prescribed under the Statute, which regulates the eligibility for appearance in the Semester Examination of B. Tech. Course. Reference in that regard has been made to Clause 3, which provides that every student is required to attend all lectures, tutorial and practicals. Attendance can be relaxed 20% on medical ground and additional 15% by the Director of the institute.;