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5. Counter affidavit is filed by the University in W.P.C.No.13749 of 2012 supporting the stand taken by the Academic Council. According to them, the University follows a procedure which is being carried out by all the Colleges coming under the University wherein persons who are employed are not permitted to attend the course as they will not be in a position to devote their time for their studies. According to the University, M.Tech is a specialty course which requires devotion of necessary time for undertaking the course as such and especially in this case when the 4th semester includes thesis, the student will have to devote substantial time and energy to complete the said thesis work. If such a person is employed in another institution, apparently he will not be in a position to complete the studies in a proper manner and therefore, as a procedure, University does not permit such students to undertake day course and such students are given the facility to attend the part time course which is double the period than the normal full time course. It is also brought to the notice of this Court W.P.C.No.13188 & 13749 of 2012 that for M.Tech Signal Processing, State Government had granted sanction for starting part time course.

8. According to the petitioner, in Ext.P17, what is required to be done for the 4th semester is specifically mentioned as under:

"Semester IV:
In the fourth semester there will be only thesis work. The fourth semester must be the extension of thesis preliminary work. Towards the end of the semester there would be a pre-submission seminar to assess the quality and quantum of the work by the Evaluation Committee. This would be the pre-qualifying exercise for the student for getting approval from the Department Committee for the submission of Thesis. Atleast one technical paper is to be prepared for possible publication in Journals/Conference. The final evaluation of the Thesis would be external evaluation. The 12 credits allowed may be proportionally distributed between external and internal W.P.C.No.13188 & 13749 of 2012 evaluation as follows as far as possible, the student shall be encouraged to do their work in the parent institution itself."

12. During the pendency of the above writ petition, by an interim order dated 13/09/2012, this Court had directed the 2nd respondent to conduct the final thesis evaluation of the petitioner by the Evaluation Committee and to forward the thesis report to the University. It is said that the said procedure had been completed and what is awaited is the approval of thesis work by the University. That apart, the petitioner had submitted Ext.P25 application to the Principal of the College for condoning the attendance, which he had lost on account of the pending litigations, which is required to be forwarded by the Principal with necessary recommendation to the University and the University has to condone the deficit attendance. It seems that Ext.P27 hall ticket is also issued for completing the viva voce in respect of the thesis submitted by the petitioner.

13. The facts being so, if it was a case where the petitioner had to undertake the course to satisfy the W.P.C.No.13188 & 13749 of 2012 requirement of 75% attendance in all the semesters which include academic sessions as well, there would have been some justification on the part of the University to have contended that the petitioner should not have obtained another employment. But the fact remains that petitioner had already completed three semesters and the 4th semester was only completion of the thesis work and when his employer themselves had made necessary adjustments, it would have been proper on the part of the College as well as the University to permit the petitioner to have completed the said course. The facts and circumstances of the case would show that if the petitioner is permitted to sign his attendance register and is allowed to attend the thesis work in the College itself as per the curriculum prescribed for the same the petitioner could have completed the said course.