1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.08.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.8601 of 2011 Lakshmanan ... Petitioner -Vs- 1. The Commissioner The Directorate of Technical Education Sardhar Patel Road Guindy Chennai - 600 025 2. The Secretary BE/B.Tech Admissions 2011 Alagappa Chettiyar College of Engineering and Technology Karaikudi - 630 004 ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus directing the second respondent to permit the petitioner for attending interview in Reg.No. 225831 given by the first respondent. *** For Petitioner : Mr.Arunachalam @ Arun For Respondents : Mr.S.Chandrasekar Government Advocate O R D E R The petitioner has completed Diploma in Mechanical Engineering from Pattukottai Polytechnic College, Pattukottai and secured 89.25% and desired to pursue second year B.E. / B.Tech. Degree Programme, for which he has submitted an application, pursuant to which, the Directorate of Technical Education, Chennai, has sent an intimation, dated 07.07.2011 fixing the counselling on 19.07.2011 in Alagappa Chettiyar College of Engineering and Technology, Karaikudi and that the petitioner has been directed to appear at 10 A.M. 2. According to the petitioner, the intimation letter has been posted only on 17.07.2011 by ordinary post, and that he has received the call letter only on 20.07.2011. By then, the counselling for the petitioner was already over. Because of https://hcservices.ecourts.gov.in/hcservices/ 2 the delay in sending the intimation, the petitioner could not attend the counselling on 19.07.2011. The petitioner has further submitted that he hails from a poor family, and his desire to pursue higher education should not be scuttled, due to the delay in sending the intimation, which he had received only on 20.07.2011, much after the date fixed for counselling. 3. In addition to the above, learned counsel for the petitioner further submitted that the last date for counselling for admission to Lateral B.E. / B.Tech courses is scheduled on 03.08.2011, and if the petitioner is not given a chance to appear for the counselling, he would lose his chance of pursuing higher studies. He further submitted that the delay in despatching the letter is on the part of the second respondent for which the petitioner should not be made to suffer. 4. Considering the urgency and the last date fixed for counselling, Mr.S.Chandrasekar, learned Government Advocate, was put on notice. He sought time to get instructions. 5. Perusal of the postal cover sent by the second respondent, which contained the intimation for counselling, bears a postal seal, dated 17.07.2011. There is yet another seal on the back side of the cover dated 20.07.2011. Admittedly, the intimation letter has been sent only by ordinary post. The reason for non-appearance for the counselling on 19.07.2011, appears to be genuine and it is evident from the seals affixed on the postal cover sent by the Secretary, Second Year B.E / B.Tech. Degree Admissions - 2011, Alagappa Chettiyar College of Engineering and Technology, Karaikudi. There is a delay on the part of the second respondent. The petitioner has secured 89.25% marks. Considering the facts and the material, stated supra, this Court is of the view that the educational career of a meritorious student, who hails from a village, should not scuttled due to the delay caused on account of sending the intimation letter. The petitioner also cannot be penalised for the postal delay. 6. Remedy under Article 226 of the Constitution of India is equitable in nature and considering the prima facie case, supported with material evidence, this Court is inclined to direct the second respondent to permit the petitioner to attend the counselling or interview, in the second respondent college, Alagappa Chettiyar College of Engineering and Technology, Karaikudi, so as to enable the petitioner to choose his college / group, of his choice, depending upon the marks and availability of the seats. 7. With the abovesaid directions, this Writ Petition is disposed of. No costs. Sd/- Deputy Registrar(W) /True Copy/ Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1. The Commissioner The Directorate of Technical Education Sardhar Patel Road Guindy Chennai - 600 025 2. The Secretary BE/B.Tech Admissions 2011 Alagappa Chettiyar College of Engineering and Technology Karaikudi - 630 004 +One Cc to Mr.Arunachalam @ Arun, Advocate, SR.No.25709 vsg rl/4 c- 2.8.2011 W.P.(MD).No.8601 of 2011 02.08.2011 https://hcservices.ecourts.gov.in/hcservices/