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HIGH COURT OF JUDICATURE AT ALLAHABAD SPECIAL APPEAL DEFECTIVE No. - 671 of 2025 Chief Justice's Court HON'BLE ARUN BHANSALI, CHIEF JUSTICE HON'BLE KSHITIJ SHAILENDRA, J.
1. Heard Sri Ramesh Kumar Mishra, learned counsel for the appellant. 2. None is present for the respondent-University in the second round as well. 3. This appeal is directed against order dated 17.03.2025 passed by learned Single Judge in Writ-C No. 9506 of 2023 whereby the writ petition filed by the petitioner-appellant has been dismissed. 4. Writ petition was filed with the submissions that the appellant was a student of CHRIST University (Deemed), studying in Bachelor of Computer Application programme in III Semester of academic year 2022- 23, due to health problem he could not attend regular classes. The University informed the guardian of the appellant that since he could not secure 80% attendance in the academic year 2022-23 so he has been detained in the current semester as he had 50.84% attendance only. 5. Petition was filed on the ground that as per the new policy, requirement of minimum attendance was 60% only and therefore, the detention was not justified. 6. Learned Single Judge noticed the submissions and came to the conclusion that even if the requirement of minimum attendance has been reduced to 60%, the petitioner was not fulfilling the requisite as his attendance was short by about 9% and consequently, dismissed the writ Versus Counsel for Appellant(s) : Gyanendra Kumar Mishra, Ramesh Kumar Mishra Counsel for Respondent(s) :
Ayush Jha .....Appellant(s) Vice Chancellor and 2 others .....Respondent(s)
petition. 7. The appeal is barred by 113 days. 8. Counsel for the appellant attempted to make submission that appellant had made allegations pertaining to discrimination wherein some other candidates having lesser attendance were permitted to appear in the semester examination whereas the appellant was prevented from doing so, however, the said aspect was not considered by the learned Single Judge and therefore, interference is called for in the appeal. 9. We have considered the submissions and perused the material available on record. 10. The entire petition and the manner in which the same has been prosecuted, clearly reflect the non-seriousness of the appellant, while the averment made in the petition pertains to his detention in the III semester for the session 2022-23, prayer in the writ petition pertains to the IV semester for the session 2023-24.
Further despite dismissal of the writ petition, filing of the appeal after a delay of about four months is also reflective of the same attitude. 11. The basic fact is not denied that the requirement of minimum attendance despite being 60%, his attendance was 50.8% only much below the requisite requirement. 12. The petition was filed on 14.03.2023, two years have already passed since the appellant was denied appearance in the III/IV semester and appellant's batch would have long back passed out. 13. In view thereof, we do not find any reason to interfere with the order impugned passed by learned Single. The appeal has no substance, the same is, therefore, dismissed. September 18, 2025 nd SPLAD No. 671 of 2025 2 (Kshitij Shailendra, J) (Arun Bhansali, CJ) Digitally signed by :- NISITH DEY High Court of Judicature at Allahabad