1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:26.08.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(md).Nos.5604 & 5605 of 2011 Jayesh Raj : Petitioner in W.P.5604/2011 Sumi M.D. : Petitioner in W.P.5605/2011 Vs. 1.The Secretary to Government, Higher Education Department, Secretariat, Chennai. 2.The Registrar, Anna University, Tirunelveli. 3.Immanuel Arasar JJ College of Engineering, rep. By its Correspondent D.Samuel George, Nattalam, Kanyakumari District. 4.The Principal, Immanuel Arasar JJ College of Engineering, Nattalam, Kanyakumari District. : Respondents in both W.Ps Prayer in W.P.5604/2011: Writ Petition is 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 continue the fourth semester in the respondent college and to write the arrear examinations which is scheduled on 17.05.2011 onwards and to further permit the petitioner to write the fourth semester examination commences from 19.05.2011 to 03.06.2011 and to declare the results. Prayer in W.P.5605/2011: Writ Petition is 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 continue the second semester and to write the practical examination which is scheduled on 16.05.2011 to 20.05.2011 and permit to write the theory examination commences from 02.06.2011 to 13.06.2011 and to declare the results. For Petitioner in both W.Ps : Mr.S.C.Herold Singh for Mr.T.Jeen Joseph For Respondents in both W.Ps : Mr.B.Pugalendhi Special Government Pleader for R-1 Mr.J.Ashok for R-2 Mr.Issac Mohanlal for R-3 & R-4 ******** https://hcservices.ecourts.gov.in/hcservices/ 2 COMMON ORDER Both the writ petitioners are erstwhile students of Immanuel Arasar JJ College of Engineering, Nattalam, Kanyakumari District. Mr.Jayesh Raj, petitioner in W.P.No.5604 of 2011, has sought for a writ of mandamus directing the respondents to permit him to continue the fourth semester, in the respondent college and write the arrear examinations which was scheduled on 17.05.2011 onwards and to further permit him to write the fourth semester examination commences from 19.05.2011 to 03.06.2011 and to declare the results. 2.Ms.M.D.Sumi, the petitioner in W.P.No.5605 of 2011 has sought for a writ of mandamus directing the respondents to permit her to continue the second semester and write the practical examination which was scheduled from 16.05.2011 to 20.05.2011 and to permit her to write the theory examination commences from 02.06.2011 to 13.06.2011 and to declare the results. 3.The case of the petitioners in both the petitions is that due to some dispute, in payment of fee, for Electronics and Electronical Engineering (EEE) and Electronics and Communication Engineering (ECE) respectively, there was some altercation in the College resulting in registration of criminal complaints against the parents of the petitioners and the College authorities and on account of the same, the petitioners were not allowed to take part in the above said University Examination, despite payment of examination fee by them and receipt of hall tickets, by the college. Under the above circumstances, the petitioners have approached this Court by way of these writ petitions for the reliefs, as stated supra. 4.Record of proceedings shows that when the matter came up for admission on 11.05.2011, this Court, while ordering notice of motion, has passed the following orders in W.P.No.5604/2011: “Notice of motion returnable by 09.06.2011. Private notice is also permitted. Writ petitioner is permitted to write the 3rd semester examination, which is scheduled from 17.05.2011 and also write the theory and practical examination of the 4th semester, which is commenced from 19.05.2011 to 03.06.2011. However, the respondents shall not publish the result of the petitioner till the disposal of the writ petition.” The order passed in W.P.No.5605 of 2011 is as follows: “Notice of motion returnable by 09.06.2011. Private notice is also permitted. Writ petitioner is permitted to writ the second semester practical examination, which is scheduled from 16.05.2011 to 20.05.2011 and also write the theory and https://hcservices.ecourts.gov.in/hcservices/ 3 practical examination, which is scheduled from 02.06.2011 to 13.06.2011. However, the respondents shall not publish the result of the petitioner till the disposal of the writ petition.” 5.Today, when the matter came up for hearing, Mr.S.C.Herold Singh, learned counsel for the petitioners submitted that subsequent to the filing of the writ petitions, both the petitioners have obtained necessary documents and certificates from Immanuel Arasar JJ Engineering College, third respondent herein, and after getting the concurrence of the abovesaid college and with the permission of the Director of Technical Education, Chennai, the students, are, now pursuing their courses in Narayanaguru Engineering College, Manjalamodu, Kanyakumari District. He further submitted that in view of the directions of this Court not to publish the results, the petitioners, are not able to obtain the mark-sheets for the abovesaid examinations. 6.The Registrar, Anna University, Tirunelveli District, is a party in both the writ petitions. Though notice of motion has been ordered on 11.05.2011 in both the writ petitions returnable by 09.06.2011, sofar the respondents have not filed any counter affidavit. 7.Perusal of the supporting affidavits in both the writ petitions shows that hall tickets were stated to have been despatched by the second respondent University to the third respondent College. It is well-known that only after satisfying the requirement of adequate attendance, the College Authorities, would forward the details to the concerned University with whom, the College is affiliated and on satisfaction of required attendance and on receipt of payment of necessary fee for the examinations, the University would issue hall tickets to the students, through the concerned colleges. 8.As stated supra, no counter affidavit has been filed either by the University or by the respondents 3 and 4, disputing the fact that hall tickets were already sent to the College. Now that, the petitioners, have already left the third respondent College and with the permission of the third respondent, have joined Narayanaguru College of Engineering, Manjalamode, Kanyakumari District, there would be no impediment, in publishing the results of the examinations, undergone by the writ petitioners as stated supra, subject to verification of attendance and other particulars, required by Anna University, Tirunelveli District. The mark-sheets are directed to be issued to the petitioners. The above said exercise shall be completed within a period of two weeks from the date of receipt of a copy of this order. 9.With the above said directions, these writ petitions are disposed of. Consequently, connected M.P.Nos.1 & 1 and 2 & 2 of 2011 are closed. No costs. Sd/- Assistant Registrar (C.O) /True Copy/ Sub Assistant Registrar (C.S) https://hcservices.ecourts.gov.in/hcservices/ 4 To 1.The Secretary to Government, Higher Education Department, Secretariat, Chennai. 2.The Registrar, Anna University, Tirunelveli. + 2 ccs to Mr.Isaac Mohanlal, Advocate, SR Nos.29587, 29588 + 1 cc to The Special Government Pleader, SR No.29534 W.P.(MD)Nos.5604 & 5605 of 2011 26.08.2011 vs RJ/30.8.11 (IT) 4p/6c https://hcservices.ecourts.gov.in/hcservices/