IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:06.09.2008 CORAM THE HONOURABLE MR. JUSTICE P.JYOTHIMANI Writ Petition Nos.2617 and 2618 of 2008 and M.P.Nos.2+2+3+3 of 2008 and Writ Petition Nos.12516 and 12517 of 2008 and M.P.Nos.1+1 of 2008 Vinoj P.Selvam ... Petitioner in W.P.Nos.2617 & 12517 of 2008. D.Siddarthan ... Petitioner in W.P.Nos.2618 & 12516 of 2008. Vs 1. The Registrar, Tamil Nadu Dr.Ambedkar Law University, No.5 Poompozhil, P.S.Kumarasamy Raja Salai, Greenways Road, Chennai-600 028. ... Respondent No.1 in W.P.Nos.2617, 2618 & 12516 of 2008 & 12517/08 2. The Director, School of Excellence in Law, Chennai-600 028. ... Respondent No.2 in W.P.Nos.2617 & 2618 of 2008 and Respondent No.3 in W.P.No.12516 of 2008 & 12517 of 2008 3. The Controller of Examinations, The Tamil Nadu Dr.Ambedkar Law University, No.5, Poompozhil, P.S.Kumarasamy Raja Salai, Chennai-600 028. ... Respondent No.2 in W.P.Nos.12516 & 12517 of 2008 Prayer:- Writ petition Nos.2617 and 2618 of 2008 filed under Article 226 of the Constitution of India praying for the issuance of the writ of certiorarified mandamus to call for the records from the 1st respondent in Lr.No.5500/ Regr/B4/2007 dt. 02.01.2008 quash the same and further direct the respondents to permit the petitioners to attend classes in the final semester of the 5th year B.A.B.L. (Hons) Degree Course for the academic year 2007-2008. Writ Petition Nos.12516 and 12517 of 2008 filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the respondents to permit the petitioner to sit https://hcservices.ecourts.gov.in/hcservices/ for the 9th and 10th semester subjects in the B.A.B.L.(Hons.) Degree Examination, May 2008 scheduled to be held from 21.05.2008 and publish the results. For Petitioners : Mr.R.Muthukumarasamy, S.C., for M/s.V.Ramajegadeesan. For Respondents : Mr.T.D.Vasu O R D E R By consent of both the counsel, the main writ petitions are taken up for final disposal. 2. W.P.Nos.2617 and 12517 of 2008 are filed by Mr.Vinoj P. Selvam, while W.P.nos.2618 and 12516 of 2008 are filed by D.Siddarthan. Both the petitioners have joined in the 5 years Law Course conducted by the 1st respondent University for the academic year 2003-2004. After completion of the 4th year, which was in April, 2007, they took examinations and while promoting candidates to the 5th year in 2007-2008, which was started from July 2007, the petitioners and 13 others were not allowed to be promoted to the 5th year due to the reason that they have not passed the previous year examinations. But in the writ petitions filed by the candidates, who were not going to be promoted to the 5th year, there was a direction to the respondents to consider the representations of the said candidates. It is not in dispute that out of the 14 candidates, the representations made by 12 persons were accepted by the respondent University and they were allowed to be promoted to the subsequent years including 5th year Law Course. However, in respect of the petitioners, they were not allowed to be promoted to the 5th year and their claim was rejected. Hence, the petitioners once again filed a representation dated 20.08.2007 to the 2nd respondent to consider their claim for promotion to the 5th year, but the same was rejected under the impugned order dated 02.01.2008, which came to be passed on the basis of a decision taken by the Board of Studies based on the Syndicate Resolution and the operative portion of the order reads as follows:- "The syndicate considered the representation of Tvt.Vinoj P. Selvam and D.Siddharthan, students of SOEL, in the light of the orders of this Hon'ble High Court dated 01.10.2007 passed in W.P.No.28244 and 28245 of 2007 and unanimously RESOLVED not to accept the representation seeking admission into 9th Semester of B.A.B.L.(Hons.) Degree Course during the year 2007-2008, as it violates the regulations." 3. It is stated that by subsequent amendment effected, the University has promoted students, who have completed all the papers https://hcservices.ecourts.gov.in/hcservices/ in the 3rd year course even though they have arrears in the 4th year by break system. By subsequent amendment, the University has also allowed the candidates to be promoted to the 5th year even if the candidate is having arrears in respect of one paper in 3rd year also. That Resolution passed by the Syndicate on 07.08.2008 reads as follows:- "The students of B.A.B.L. (Hons.) Degree Course who failed in any one of semester papers in I, II, III, IV, V and VI semesters may be exempted from the break system and be promoted and allowed to continue the studies of the next higher classes." 4. Mr.R.Muthukumarasamy, learned Senior Counsel appearing for the petitioners, would submit that while in respect of the petitioner in W.P.No.2617 of 2008 he has no arrears in the 3rd year course, the writ petitioner in W.P.No.2618 of 2008, he got arrears of 1 paper in the 3rd year and both the candidates are having arrears in respect of the 4th year course and therefore, by virtue of the subsequent Resolution passed by the Syndicate of the University dated 07.08.2008, both the petitioners are entitled to be promoted to the 5th year. According to the learned Senior Counsel, the petitioners are eligible as per the Resolution of the Syndicate dated 07.08.2008 inasmuch as they have completed the papers of the required years of examination in November 2007 and therefore, they would be eligible for admission to the 5th year course for the academic year 2008-2009. Admittedly, the academic year 2008-2009 started from July 2008 and the students are to obtain 80% of the attendance with a condonation of 5% on payment of necessary charges. 5. It is also brought to the notice of this Court, while the above said writ petitions are pending, that the same petitioners have filed W.P.Nos.12517 and 12516 of 2008 seeking permission to write the 9th and 10th semester examinations and this Court has granted such permission permitting them to write the 9th and 10th semester examinations without prejudice to the rights of the parties. 6. The learned counsel appearing for the University would submit that in obedience of the orders passed by this Court, the petitioners were permitted to write the 9th and 10th semester examinations. 7. It is very fairly submitted by the learned counsel for the petitioners that inasmuch as these two petitioners have not even undergone the 5th year course, writing of such examination will not confer any rights on them. 8. In view of the above, the permission granted and also the subsequent writing of the 9th and 10th semester examinations by these petitioners are deemed to have been cancelled and the petitioners do not have any right in respect of the examinations stated to have been written by them pursuant to the order of this Court. Consequently, W.P.Nos.12517 and 12516 of 2008 stand dismissed. https://hcservices.ecourts.gov.in/hcservices/ 9. Even though on the date when the impugned decision taken by the University, viz., 02.01.2008, the same was correct, by subsequent events and also amendments, the decision cannot be given effect to as far as the petitioners are concerned. Due to the reasons stated above and considering the the entire factual situation, the following direction is issued:- "The respondent University is directed to permit the petitioners to join in the 5th year course on 10.09.2008 on production of a copy of this order. It is also made it clear that the attendance in respect of the petitioners shall be counted from the said date onwards for the purpose of permitting the petitioners to write the 9th and 10th semesters examinations." 10. The writ petitions are ordered accordingly. Connected M.Ps. are closed. No costs. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. bs/ To 1. The Registrar, Tamil Nadu Dr.Ambedkar Law University, No.5 Poompozhil, P.S.Kumarasamy Raja Salai, Greenways Road, Chennai-600 028. 2. The Director, School of Excellence in Law, Chennai-600 028. 3. The Controller of Examinations, The Tamil Nadu Dr.Ambedkar Law University, No.5, Poompozhil, P.S.Kumarasamy Raja Salai, Chennai-600 028. + 2 CCs To Mr.V.Ramajegadeesan, Advocate SR NOs.50744 & 50745 + 1 CC To Mr.T.D.Vasu, Advocate SR NO.50553 W.P.Nos.2617, 2618, 12516 and 12517 of 2008 VSV(CO) SRA(08/09/2008) https://hcservices.ecourts.gov.in/hcservices/