1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.11.2011 CORAM: THE HONOURABLE MR.JUSTICE K.N.BASHA AND THE HONOURABLE MR.JUSTICE M.VENUGOPAL Writ Appeal (MD)Nos.1330 & 1331 of 2011 and M.P.(MD)No.1 of 2011 in W.A.(MD)Nos.1330 & 1331 of 2011 W.A.(MD)No.1330/2011: The Director, Directorate of Technical Education, Guindy, Chennai. ... Appellant/1st respondent Vs. 1.G.Jerolph Vincent ... Respondent-1/Petitioner 2.The Principal, Sri Muthukumaran Institute of Technology, Chikkarayapuram, Near Mangadu, Chennai-600 069. 3.The Principal, Jayaraj Annapackiam CSI Polytechnic College, Sathankulam Road, Nazareth, Vallandam-628 617, Thoothukudi District. .. Respondents 2&3/Respondents 2& 3 Writ Appeal under Clause 15 of Letters Patent against the order of the learned Single Judge, dated 22.09.2011, made in M.P.(MD)No.1 of 2011 in W.P.(MD)No.10799 of 2011. MP(MD)No.1 of 2011 in WP(MD)NO.10799 of 2011: The Petitions praying in the circumstances stated therein and in the affidavits filed therewith the High Court will be pleased, To grant AD- INTERIM DIRECTION, directing the 1st and 2nd Respondents to allow the Petitioner to attend the II year Course in B.E., Mechanical Engineering Branch pending disposal of WP(MD)NO.10799 of 2011. W.A.(MD)No.1331/2011: The Director, Directorate of Technical Education, Guindy, Chennai. ... Appellant/1st respondent Vs. 1.G.Jerolph Vincent ... Respondent-1/Petitioner 2.The Principal, Sri Muthukumaran Institute of Technology, Chikkarayapuram, Near Mangadu, Chennai-600 069. https://hcservices.ecourts.gov.in/hcservices/ 2 3.The Principal, Jayaraj Annapackiam CSI Polytechnic College, Sathankulam Road, Nazareth, Vallandam-628 617, Thoothukudi District. ... Respondents 2&3/Respondents 2& 3 Writ Appeal under Clause 15 of Letters Patent against the order of the learned Single Judge, dated 21.09.2011, made in M.P.(MD)No.2 of 2011 in W.P.(MD)No.10799 of 2011. M.P.(MD)No.2 of 2011 in W.P.(MD)No.10799 of 2011: Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to grant ad-interim Direction, directing the 1st and 2nd respondents to allow the petitioner to take part in the forthcoming practical and Theoretical examination of the III Semester in II year B.E., Mechanical Engineering Degree course and publish the same pending disposal of the Writ petition No.10799 of 2011. For Appellant : Mr.K.Mahendran, in both the WAs Spl.Govt.Pleader. For Respondent-1 : Mr.G.Thalaimutharasu in both the WAs COMMON JUDGMENT [Judgment of the Court was delivered BY K.N.BASHA, J] Writ Appeal (MD) No.1330 of 2011 has been preferred against the order of the writ court, dated 22.09.2011, made in M.P.(MD)No.1 of 2011 in W.P.(MD)No.10799 of 2011 and also in Contempt Petition (MD) No.547 of 2011, directing the appellant, the Director of Technical Education, as well as respondents 2 and 3 herein to permit the respondent No.1 herein, a student, to attend the II-Year Course in B.E.Mechanical Engineering Branch, until further orders and further directing the appellant to appear in person before this Court, on 28.09.2011, and explain as to why further course of action under the Contempt of Courts Act should not be taken against him for not publishing the results of the petitioner in time, despite the knowledge of the orders of this Court in W.A.(MD)No.658 of 2011, dated 17.08.2011, and also directing the 3rd respondent herein to appear in person before this Court on 28.09.2011 and explain as to what steps were taken by the College for publication of the results and to issue the mark statement to the respondent No.1. The writ court further directed the appellant herein, in the meanwhile to consider the application of the 2nd respondent College for approval of admission of respondent No.1 in the II-year B.E.Engineering Course. The writ court further observed that if any order of approval was passed before the date fixed for appearance, it was open to the State Counsel to seek for early hearing and accordingly directed the matter to be posted on 28.09.2011. 2.Writ Appeal (MD) No.1331/20111 is preferred against the order dated 21.09.2011, passed in M.P.(MD)No.2 of 2011 in W.P.(MD) No.10799 of 2011, directing the appellant and the 2nd respondent College https://hcservices.ecourts.gov.in/hcservices/ 3 to issue hall ticket to the respondent No.1 so as to enable him to take part in the forthcoming Practical and Theoretical examinations of the III-Semester in II-Year B.E.Mechanical Engineering Decree, which was to be commenced on 28.10.2011, without prejudice to the claim in the writ petition. 3.The 1st respondent in both the writ appeals entered appearance through counsel, by way of filing caveat. 4.Mr.K.Mahendran, learned Special Government Pleader, appearing for the appellant would contend that both the orders passed by the writ Court are unsustainable in law, as the writ court has not considered the fact that the 1st respondent joined in the 2nd respondent College under the Management quota, without joining through the Director of Technical Education and that too only after the cut-off date and as such the writ court ought not to have issued directions for allowing the 1st respondent to write the examination. It is further contended that the appellant has not committed any contempt as that matter is nothing to do with the issue involved in the present writ petition and as such the appellant should not have been directed to be appeared before this Court on a particular date. It is further contended that the 2nd respondent college, only after admitting the student, namely the 1st respondent, sought for approval and as such the application sent by the 2nd respondent college for approval cannot be entertained by the appellant and in view of the same both the orders passed by the writ court i.e. in W.P.(MD)No.1 of 2011 in W.P.(MD)No.10799 of 0221 and in Contempt Petition (MD) No.547 of 2011 as well as in M.P.(MD)No.2 o f 2011 in WP(MD)No.10799 of 2011 are liable to be set aside. 5.Per contra, Mr.G.Thalaimutharasu, learned counsel appearing for the 1st respondent-student, would submit that that there is no illegality or infirmity in the orders passed by the writ court. It is contended that the writ court has considered all the circumstances of the case and also after considering the inaction and non-compliance of the orders passed by this Court, the writ court rightly directed the appellant to appear before this court and to explain as to why results were not published in time, despite the knowledge of the orders passed by this Court in W.A.(MD)No.658 of 2011. It is further contended that the writ court has only given permission to the 1st respondent-student to write examinations and that too without prejudice to the claim in the writ petition and as such no prejudice would be caused to the appellant and the present writ appeals have been filed unnecessary in order to harass the 1st respondent. It is submitted that inspite of specific directions given by the writ court, as per the orders dated 21.10.2011 in M.P.(MD)No.1 of 2011 in WP(MD)No.10799 of 2011, till date, the 1st respondent-student has not been issued with hall ticket and the examinations have already been commenced and going on from 28.11.2011, as a result of which the 1st respondent has suffered from great hardship and irreparable loss, as he has been deprived of the opportunity to write the examinations, pursuant to the orders passed by this Court. 6.We have given our careful and anxious consideration to the rival contentions put-forward by the counsel on either side and perused the entire materials available on record, including the orders passed by the writ Court in M.P.(MD)Nos.1 & 2 in W.P.(MD)No.10799 of 2011 and Contempt Petition No.547 of 2011. https://hcservices.ecourts.gov.in/hcservices/ 4 7.At the outset, it is to be stated that the main writ petition as well as the contempt petition are pending, as on date, for final disposal before the Writ Court. It is pertinent to note that the writ court thought it fit to pass two interim orders, which are subject matters of these two writ appeals. At this juncture, it is relevant to state that both the orders are not final orders. As far as the orders passed in M.P.(MD)No.2 of 2011 in W.P.(MD)No.10799 of 2011 is concerned, the writ court directed the appellant and the 2nd respondent college to permit the 1st respondent-student to write the examination by issuing Hall Tickets in respect of the forthcoming examinations, which has already commenced and going on from 28.10.2011, without prejudice to the claim in the main writ petition. As far as the other order, namely order passed in M.P.(MD)No.1 of 2011 in W.P.(MD)No.10079 of 2011 and in Contempt Petition No.547 of 2011 is concerned, it is seen that the writ court had simply directed the appellant to consider the application of the 2nd respondent college for approval of the admission given to the 1st respondent-student in the II-Year B.E.Mechanical Engineering Course and further observing that if any order of approval was passed before the date fixed for appearance of the appellant in the contempt petition, it was open to the counsel for the State to seek for early hearing of the matter and posted the matter on 28.09.2011. 8.It is seen, as stated above, that both the orders have been passed by the writ court on 21.09.2011 and 22.09.2011. The present writ appeals were presented by the appellant before the Registry only on 29.102011 and re-presented on 15.11.2011 and 16.11.2011. It is stated before this court by the learned counsel for the 1st respondent/student that certified copies of the orders of the writ court were made ready and issued on the same days, i.e. on 21.09.2011 and 22.09.2011 and as such it is crystal clear that even the appellant also could have received the order copies on the same dates. Even assuming that if the appellant has not been furnished with order copies, it is needless to state that when the appellant was represented by the Special Government Pleader, it is the duty of the learned Special Government Pleader to inform the appellant as to the outcome and result of the miscellaneous petitions. If really the appellant herein is aggrieved against the said orders of the writ court, nothing prevented him from preferring appeals immediately. Inspite of the same, the writ appeals were presented only on 29.10.2011, after a month and represented 15 days thereafter. Thus, at this juncture, it is relevant to point out that the writ appeals have been presented before the Registry only after the commencement of the examination, which was commenced and going on 28.10.2011. In such circumstances, it is very unfortunate to note that till date and even prior to the filing of the writ appeals, the appellant has not issued Hall Ticket to enable the 1st respondent to sit for the examinations and thus the orders of this Court have been deliberately flouted. 9.Be that as it may, as we have already pointed out, orders have been passed by the writ court only as an interim measure and interim relief to the 1st respondent-student and there could not have been any prejudice caused to the appellant herein, as the final disposal of the writ petition and the contempt petition are pending on the file of the writ court. It is also needless to state that any interim orders passed in any matter will not be the same as that of final orders and the court https://hcservices.ecourts.gov.in/hcservices/ 5 can take any view and arrive at any conclusion at the time of final disposal. 10.In view of all these factors, we are of the view that absolutely no ground is made out warranting interference in the orders of the writ court. Accordingly, both the writ appeals are dismissed. No costs. Connected M.P.(MD)No.1 of 2011 in both the writ appeals are dismissed. gb Sd/- Assistant Registrar[Crl side] /True copy/ Sub Assistant Registrar To THE DIRECTOR, DIRECTORATE OF TECHNICAL EDUCATION, GUINDY, CHENNAI. +1 CC TO MR.G.THALAIMUTHURASU, ADVOCATE SR.NO.40569. +1 CC TO SPECIAL GOVERNMENT PLEADER, SR.NO.40654. Common Judgment in W.A.(MD)Nos.1330 & 1331 of 2011 and MP(MD)No.1 of 2011 in WA(MD)Nos.1330 & 1331 of 2011 Dated:18.11.2011 5P/4C RPB : 21.11.2011 https://hcservices.ecourts.gov.in/hcservices/