“Sickness Is Beyond Human Control”: Andhra Pradesh HC Allows Plea Of B.Tech Student Whose Result Was Withheld Due To Low Attendance

Subsequently, holding Academic Regulation No.9(b), on the basis of which the student's result was withheld, as irrational and arbitrary, a Single Judge Bench of Justice Gannamaneni Ramakrishna Prasad, held—

“The Regulation 9 (b) would indicate that even on medical grounds, lack of attendance can only be condoned to an extent of 10 % and not more than that. Therefore, this Court is required to examine whether such Regulation would stand to the test of Article 14 of the Constitution of India. It is a matter of common knowledge that sickness is beyond the human control. A variety of sicknesses can impair the functioning of the human being, thereby disabling the human being from attending to the normal duties. With respect to the things which are beyond the control of a human being, no specific Regulation can be issued, prescribing a limit for condonation of absence beyond a particular percentage of attendance. The present Regulation is not a Regulation which is prescribed by a Public Institution, but it is a Regulation prescribed by the Private College, which is Respondent No.4 - College, in the form of Academic Regulations. On the face of it, the Regulation No.9 (b) is not only irrational but highly arbitrary, inasmuch as no hard and fast rule can be laid with regard to the absence of a student on medical ground.”

Background

The petitioner was pursuing 3rd Semester in B.Tech Course in GMR Institute of Technology (Respondent 4), where, due to two spells of illness, he had to miss college between 19.08.2024 and 30.08.2024. He had submitted a Medical Certificate issued by the Medical Officer, Primary Health Centre, Boddam (Rajam), Vizianagaram District, dated 30.08.2024, indicating that he was suffering from Acute Gastroenteritis and Widal Fever. Subsequently, he submitted another Medical Certificate indicating that he suffered from Typhoid Fever from 21.10.2024 to 31.10.2024 which further disabled him from attending classes.

Later, vide order of a Single Judge of the Andhra Pradesh High Court, the respondents had accepted the Examination Fee and allowed the petitioner to appear in the Examination. However, there was no declaration of the result of the petitioner. Aggrieved, the petitioner filed the writ petition.

The petitioner pleaded that not only was the result not declared, the Petitioner was also not permitted to attend the classes for the 4 Semester. Vide Order dated 07.01.2025, the petitioner was allowed to attend the classes for Artificial Intelligence and Data Science (AI & DS) of Bachelor of Technology. The Petitioner was now attending the classes in compliance with the Interim Order passed on 07.01.2025 (in W.P.No.424 of 2025).

The respondents relied on Academic Regulation No.9(b) and submitted that even on the medical grounds, absence of the candidate can be condoned only to the extent of 10% for the attendance. Since the absence of the petitioner exceeded 10%, the respondents could not consider his case.

Thus, the fundamental issue tabled before the Court was whether Regulation No.9(b) would pass muster of Article 14 of the Constitution of India. The Regulation, as noted by the Court, was prescribed by Respondent 4, which was a private institution, in the form of Academic Regulations, and the same was held to be irrational and highly arbitrary.

Additionally, the Court referred to the case of All India Students Federation vs. The State of Bihar & Others [2016 SCC OnLine Pat 7383], where the High Court of Patna had held that a student cannot be mechanically made to suffer penal consequences of mere shortage of attendance below 75%. In lieu of this, the Court allowed the petition and directed Respondent 4 to punish the result of the 3rd Semester and also to permit the petitioner to attend classes for the 4th Semester.

Case Details:

Case Number: WRIT PETITION NOs: 28673 of 2024 & 424 of 2025

Case Title: B VENKATESWARA RAO v. THE STATE OF ANDHRA PRADESH

Date: 06.05.2025

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