( 2026:HHC:19508 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 19385/2025 Decided on: 25.05.2026 Abhay Thakur …Petitioner Versus State of H.P. & Ors. .…Respondents. ………………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner: Mr. Dibender Gosh and Mr. Ashwani Kumar Negi, Advocates. For the respondents: Ms. Menka Raj Chauhan, Deputy Advocate General, for respondents No.1 & 3. Mr. Surender K. Sharma, Advocate for respondent No.2. Jyotsna Rewal Dua, J. Petitioner is pursuing a Diploma in Computer Science from respondent No.3–Government Polytechnic College, Sundernagar, District Mandi. On account of shortage of attendance, he was not being permitted by the college to appear in the 5th Semester Examination scheduled to commence from 09.12.2025. Aggrieved thereby, the petitioner instituted the present writ petition. 1 Whether reporters of the local papers may be allowed to see the judgment? 2 ( 2026:HHC:19508 ) 2. Pursuant to the order dated 08.12.2025 passed in the present writ petition, the respondents permitted the petitioner to appear in the 5th Semester Examination in Computer Science. It was, however, clarified in the said order that petitioner’s appearance in the examination would not create any equity in his favour. Respondent No.3 was also directed not to declare the petitioner’s result without the leave of the Court. Petitioner accordingly appeared in the 5th semester examination in December, 2025. Respondent No.2 produced petitioner’s result before the Court on 30.03.2026. As per the result, the petitioner had qualified the 5th Semester Examination. Consequently, and in the interest of justice, he was provisionally permitted to attend the 6th Semester classes, though without prejudice to the rights and contentions of the parties in the present writ petition. 3. It is jointly submitted by learned counsel for the parties that the dispute raised in the present writ petition is governed by Condition No.21 of the Himachal Pradesh Takniki Shiksha Board Prospectus. The said relevant condition reads as under:- “Conduct of examination under of polytechnic 21. The procedure for the conduct of examination of the courses in the Polyethnic shall as under: - 1) xxxxxxxx 2) xxxxxxxx 3. The examination shall be open to any students who, i) Has been on the rolls of an Institution/institutions affiliated to the Board for a full semester; 3 ( 2026:HHC:19508 ) ii) has attended not less than 75% of the total lectures and tutorials delivered and participated in not less than 75% of the total number of practical in laboratories and other work of a practical nature; iii) has secured not less than 50% Marks in Sessional work, (Home work, Tutorial work, Practical work & House Examinations Tests taken together) of each subject in 50% in project work; and iv) has shown satisfactory conduct. Note-I to Note-III xxxxxxxxxxxxxxxx Note-IV Every Period of lecture, tutorial, Practical, Project work & workshop shall be counted as one unit for the purpose of counting the attendance. 4) The Principal of the institutions shall be competent to condone the shortage in attendance up to 10% on Reasonable medical grounds/genuine reasons. No condonation shall be allowed below 65% in any case on any ground whatsoever. The Principal of the Institution concerned shall certify that student has made up his deficiency in Training and has a Satisfactory record on Sessional work.” According to learned counsel for the respondents, in order to appear in the final examination of the semesters, the students are required to maintain minimum of 75% attendance in the total lectures and tutorials delivered, as also 75% attendance in the total number of practicals conducted in laboratories and other works of practical nature. Emphasis was laid upon Note-IV (extracted above), highlighting that the Principal of the concerned institution is competent to condone the shortage of attendance only up to 10%, and that too on reasonable medical grounds/genuine reasons. It was further submitted that condonation cannot be allowed in cases of below 65% attendance on any ground whatsoever. According to the respondents, the petitioner had 56% attendance in theory classes 4 ( 2026:HHC:19508 ) and 48% attendance in practicals during the 5th Semester, which was below requisite attendance percentage of 65%, therefore, he was not even entitled to be considered for condoning the shortage in requisite attendance. 4. Learned counsel for the petitioner submitted that the petitioner had been suffering from certain ailments, viz. major skin infection for a considerable period during the currency of the 5th Semester. Petitioner’s ankle also got fractured during the period in question. On account thereof, the petitioner could not attend the classes during the relevant period. It was further submitted that the petitioner had preferred a representation, Annexure P-2 (colly), seeking special permission to appear in the 5th semester examination in view of his medical circumstances, but the same was not considered in accordance with law. Learned counsel further submitted that the petitioner had never been detained in any previous semester on account of shortage of attendance and that the deficiency in attendance during the 5th semester occurred solely on account of the ailments suffered by him. 5. Looking to the above submissions made for the petitioner, the medical documents appended with the petition, the representation preferred by the petitioner, coupled with the fact that the petitioner had been provisionally permitted to appear in the 5th Semester Examination held in December, 2025, which he has 5 ( 2026:HHC:19508 ) admittedly qualified, and further considering that the petitioner is presently attending the 6th Semester classes, I am of the considered view that it would be appropriate to direct respondent No.3 to take a fresh decision in the matter by considering grant of relaxation to the petitioner for condoning shortage in requisite attendance, after affording him due opportunity. This exercise be completed within a period of two weeks. The instant petition to stand disposed of in above terms. Pending miscellaneous applications, if any, shall also stand disposed of. Jyotsna Rewal Dua Judge 25th May, 2026(rohit)