1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29/07/2011 CORAM THE HONOURABLE Mr.JUSTICE S.MANIKUMAR Writ Petition (MD)No.8437 of 2011 P.Amutha ..Petitioner Vs. 1.The Chairman, Five year B.A. B.L., Degree Course 2011-12 The Tamil Nadu Dr.Ambedkar Law University No.5 D.G.S.Dhinakaran Salai, Chennai – 28. 2.The Registrar, The Tamil Nadu Dr.Ambedkar Law University No.5 DGS Dhinakaran Salai, Chennai. 3.The Principal Government Law College, Near Anna Stadium, Khajamalai, Trichy – 20, Trichy District. 4.The Principal Government Law Collegel Chengalpet, Changalpet District. 5.B.Babuji Represented for her daughter B.Sahirabanu No.19/88 Thattanmalai Street Chinna Natham, Chengalpet Taluk Chengalpet District. ..Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus to direct the second respondent herein to pass necessary orders for effecting transfer the petitioner from 4th respondent college to third respondent college in the light of petitioner's representation dated 20.07.2011 within a stipulated period. For petitioner ...Mr.R.Sundar For respondents...Mr.B.Pugalendhi, Special Government Pleader for R1 & R2 https://hcservices.ecourts.gov.in/hcservices/ 2 ORDER The petitioner, has sought for a mandamus, directing the Registrar, Tamil Nadu Dr.Ambedkar Law University, Chennai, to pass necessary orders on his representation, dated 20.07.2011, effecting transfer of the petitioner from Government Law College, Chengalpet, to Government Law College, Trichy, within stipulated time. 2. According to the petitioner, the fifth respondent, who has been provisionally selected to the Government Law College, Trichy, has also sought for transfer to Government Law College, Chengalpet, as she is a permanent resident of Chengalpet. The apprehension of the petitioner is that, if the seats in both the Colleges are filled up and if the allotment for the years 2011-2012 is finalised, then mutual request for transfer could not be considered and in which event, the petitioner would be put to hardship. This contention, is either substantiated or explained by the learned counsel for the writ petitioner, as to how mutual transfers cannot be entertained after the selection process is over, if there is any rule permitting transfer. He has not placed any rule or regulations of the University regarding mutual transfers. At this juncture, it cannot be ascertained as to whether any other candidate, who has secured more marks than the petitioner, from Trichy College has sought for Transfer to Chengalpet Law College. It is a known fact that in allotting a candidate, to a College, the marks secured by the candidate and the choice of the candidate are taken into consideration. Only after finalisation of the selection process, it can be ascertained that whether any other candidate, who has secured more marks has opted for transfer. 3. Apart from the above, the petitioner has sent a representation only on 20.07.2011 and within a period of four days and even before giving reasonable time to the authorities to consider the representation, has rushed to this Court, seeking for a mandamus, as if there is a failure on the part the second respondent to discharge her duties. 4. It is also to be noted that from the date of sending the representation and filing of the writ petition, 23.07.2011 and https://hcservices.ecourts.gov.in/hcservices/ 3 24.07.2011 are holidays, and for not considering the representation within three days, the petitioner has alleged that there is a failure on the part of the second respondent, warranting mandamus. The petitioner has neither substantiated her right on any rule or regulation, nor established failure on the part of the second respondent. It is very unfortunate that a writ petition has been filed in such haste manner. This Court, is not inclined to grant the relief as prayed for and the mandamus asked for is refused and accordingly, the writ petition is dismissed. No costs. Consequently connected miscellaneous petition is closed. Sd/- Deputy Registrar(Writs) /True Copy/ Assistant Registrar To 1.The Chairman, Five year B.A. B.L., Degree Course 2011-12 The Tamil Nadu Dr.Ambedkar Law University No.5 D.G.S.Dhinakaran Salai, Chennai – 28. 2.The Registrar, The Tamil Nadu Dr.Ambedkar Law University No.5 DGS Dhinakaran Salai, Chennai. 3.The Principal Government Law College, Near Anna Stadium, Khajamalai, Trichy – 20 Trichy District. 4.The Principal Government Law Collegel, Chengalpet, Changalpet District. +1cc to Mr.R.Sundar, Advocate SR.No.25179 +1cc to The Special Government Pleader, SR.No.25354 RR akm/2.8.11 /3p-7c/ Writ Petition No.8437 of 2011 and M.P.No.1 of 2011 29/07/2011 https://hcservices.ecourts.gov.in/hcservices/