1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01/08/2011 C O R A M THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD) No.7689 of 2011 and M.P.(MD).No.1 of 2011 K.Ramesh Raja ... Petitioner Vs. 1.The Director, Directorate of Technical Education, Guindy, Chennai. 2.The District Collector, Kanyakumari District, Nagercoil. 3.The District Superintendent of Police, Kanyakumari District, Nagercoil. 4.The Deputy Superintendent of Police, Protection of Civil Right Wing, Kanyakumari District, Nagercoil. 5.The Inspector of Police (L & O), Anjugram Police Station, Kanyakumari District. 6.The Principal,PSN Institute of Technology, PSN Nagar, Ramanathichanpurthur, Kumarapuramthoppur Post, Kanyakumari District - 629 402. 7.Aravinth 8.Jedkins ... Respondents Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus, directing the respondents 1 to 3 to take appropriate departmental and criminal action against the respondents 7 & 8 for their unlawful activities based on the petitioner's representation dated 04.07.2011 and consequently, direct the respondents 6 to 8 to pay punitive compensation to the petitioner within a stipulated time. For petitioner .. Mr.G.Thalaimutharasu For respondents 1 to 5 .. Mr.B.Pugalendhi, Special Government Pleader For 6th respondent .. Mr.T.Pon Ramkumar For respondents 7 & 8 .. Mr.S.C.Herold Singh ORDER With the consent of the parties, the writ petition itself is taken up for final disposal. 2. A second year diploma student in Electrical and Electronics Engineering has made certain allegations of violations of the provisions https://hcservices.ecourts.gov.in/hcservices/ 2 of SC/ST Act, against the respondents 6 & 7. Besides, he has also submitted that on the basis of the complaint, the Inspector of Police (L & O), Anjugram Police Station, Kanyakumari District, has registered a case in Crime No.527 of 2011 under Sections 341, 294 & 323 IPC against the offenders. The petitioner has further submitted that he has been beaten, scolded and subjected to physical and mental harassment. He has further submitted that an enquiry has been conducted and that a report has also been forwarded to the Director of Technical Education, Chennai. Alleging that the petitioner has been put to inexplicable agony and hardship and expressing difficulties to continue his studies in the 6th respondent College, the petitioner has sought for a mandamus directing the respondents 1 to 3 to take appropriate departmental and criminal action against the respondents 7 & 8 for the unlawful activities, based on his representation dated 04.07.2011 and consequently, to direct the respondents 6 to 8 to pay the compensation. 3.Pending disposal of the writ petition, the petitioner has sought for a direction directing the Director of Technical Education, Chennai, the first respondent herein, to transfer the petitioner to some other College. Though the petitioner has sought for a larger relief, on the last occasion, when the matter came up for hearing, Mr.G.Thalaimutharasu, learned counsel for the petitioner submitted that Jaya Polytechnic College, Sawyerpuram, Thoothukudi District is ready and willing to accommodate the petitioner in the second year Diploma course in Electrical and Electronics Engineering Course, for the academic year 2011-2012. Therefore, he prayed that appropriate directions may be issued giving liberty to the petitioner to work out his remedy before the appropriate forum for the alleged acts of humiliation and violations of the provisions of SC/ST Act. 4. On this day, the petitioner has also filed an additional affidavit, dated 01.08.2011, to that effect and that the same is treated as part and parcel of the record. At para Nos.3 & 4 of the additional affidavit, the petitioner has stated as follows; "3. I humbly submit that though I sought larger relief in the writ petition, now I decided to work out the remedy before concerned appropriate forum of law and therefore, now I restrict my relief only to direct the 6th respondent College to issue me the Transfer Certificate, Conduct Certificate and other relevant certificate without any adverse remarks for the purpose of getting admission in one Jaya Polytechnic College, Sawyerpuram, Thoothukudi District for doing II year Diploma in Electrical and Electronics Engineering for the year 2011-2012, the College is ready to accommodate me, if I produced the relevant certificates obtained from the 6th respondent college. 4. I humbly submit that after the alleged incident took place on 01.07.2011, I was not allowed to enter in to the college as well as attend the classes and therefore, the continuance of my study in the 6th respondent college is in question. Therefore, I decided to get Transfer Certificate and other relevant certificates from the 6th respondent College, accordingly I approached one Jaya Polytechnic College, Sawyerpuram, Thoothukudi District for getting https://hcservices.ecourts.gov.in/hcservices/ 3 admission to continue my II year course, the College also agreed to accommodate me if any positive direction from this Hon'ble Court." 5.Though the Principal, PSN Institute of Technology, PSN Nagar, Ramanathichanputhur, Kumarapuramthoppur Post, Kanyakumari District, the 6th respondent herein has not filed any counter affidavit, Mr.T.Pon Ramkumar, learned counsel for the 6th respondent college has denied the allegations. In so far as the above request for transfer is concerned, learned counsel for the 6th respondent college submitted that the transfer certificate would be issued to the writ petitioner without any adverse remarks. The submission of the learned counsel is placed on record. He further submitted that the petitioner may also be directed to remit any dues and return the library books, if any taken by him. 6.Perusal of the additional affidavit, dated 01.08.2011, filed by the petitioner shows that the petitioner has already paid Rs.9,000/- towards admission and tuition fees and that he had studied only for three weeks in the college. He has also undertaken that if there is any dues towards food and accommodation in the hostel, the same would be paid. 7.The Commissioner of Technical Education, Chennai, in his instructions to the learned Special Government Pleader stated that the Directorate of Technical Education would not give unilateral transfer to any candidate and that the candidate can apply for transfer through the Principal of the Institution, where the candidate is studying. The Principal with his consent will forward the application to the Institution, where the candidate is seeking to study. The Principal of the Institution, where the candidate is seeking for transfer, will forward the application to the Directorate of Technical Education, if vacancy exists for the semester and branch, for which the candidate seeking transfer. The Chairman, Board of Examination would issue the orders of transfer of student from one Institution to another Institution, based on these recommendations. The Commissioner of Technical Education, Chennai has further stated that the transfer cannot be cited as a ground for relaxation of attendance for appearance in the examination and that the candidate will be permitted to appear for the examination, only if he satisfies the rules and regulations of the Board of Studies and Examination. 8. In the light of the averments made in the additional affidavit, dated 01.08.2011, filed by the writ petitioner stating that Jaya Polytechnic College, Sawyerpuram, Thoothukudi District, is ready and willing to accommodate the petitioner in the second year Diploma in Electrical and Electronics Engineering Course in the year 2011-2012 and in the light of what is stated above by the Commissioner of Technical Education, Chennai, the writ petitioner is directed to apply for transfer through the Principal, PSN Institute of Technology, PSN Nagar, Ramanathichanputhur, Kumarapuramthoppur Post, Kanyakumari District, the 6th respondent herein, where he is studying and on receipt of the request, the 6th respondent College shall forward the application to Jaya Polytechnic College, Sawyerpuram, Thoothukudi District, where the petitioner wants to study. Though the Jaya Polytechnic College, Sawyerpuram, Thoothukudi District, is not a party to this writ petition, considering the interest of the writ petitioner, a direction is issued to the Jaya Polytechnic College https://hcservices.ecourts.gov.in/hcservices/ 4 to forward the application to the Directorate of Technical Education, Chennai, if any vacancy exists in the semester and branch, for which the candidate seek transfer. On receipt of the request, from the Jaya Polytechnic College, Sawyerpuram, Thoothukudi District, the Chairman, Board of Examination, is directed to issue an order of transfer forthwith without any delay. It is to be noted that when the application for transfer is forwarded by the 6th respondent College, all the certificates pertaining to the petitioner should also be sent or returned to the writ petitioner. It is sincerely hoped that the assurance of the learned counsel for the 6th respondent College that the transfer certificate will be issued without any adverse remarks and the conduct would be certified as satisfactory, should be borne in mind. 9.In the light of the above, without going into the merits of the writ petition, the above directions are given to facilitate the writ petitioner to pursue his course. The respondents are directed to act promptly, as per the directions and it should also be borne in mind that any delay in the process of issuing an appropriate orders of transfer would ultimately affect the intent of the student. 10.The writ petition is disposed of accordingly. Consequently, connected miscellaneous petition is closed. No costs. SD ASST REGISTRAR ( WRITS ) /TRUE COPY/ SUB ASST REGISTRAR gcg To 1.The Director, Directorate of Technical Education, Guindy, Chennai. 2.The District Collector, Kanyakumari District, Nagercoil. 3.The District Superintendent of Police, Kanyakumari District, Nagercoil. 4.The Deputy Superintendent of Police, Protection of Civil Right Wing, Kanyakumari District, Nagercoil. 5.The Inspector of Police (L & O), Anjugram Police Station, Kanyakumari District. 6.The Principal, PSN Institute of Technology, PSN Nagar, Ramanathichanpurthur, Kumarapuramthoppur Post, Kanyakumari District - 629 402. 7. Jaya Polytechnic College, Sawaypuram, Thoothukudi District. 1CC TO MR.T. PON RAMKUMAR, ADVOCATE, SR: 25325: 1CC TO MR. G. THALAIMUTHARASU, ADVOCATE, SR: 25409: DM::2011:AUGUST:01:: W.P.(MD) No.7689 of 2011 and MP.(MD)No. 1 of 2011 4P:10C:: 01.08.2011 https://hcservices.ecourts.gov.in/hcservices/