1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:13/07/2011 CORAM THE HONOURABLE Mr.JUSTICE S.MANIKUMAR Writ Petition (MD)No.3186 of 2011 1.K.Jayabalan 2.K.Sumathi 3.R.Rajasekaran 4.M.Patturajan 5.R.Kanakaraj 6.S.Selvamurugan 7.E.Jerald Sathiyavathi 8.B.Jeevanathi 9.K.Shakthivel 10.P.Mahalakshmi 11.P.Kannan :Petitioners -Vs- 1.The Registrar, Tamil Nadu Teachers Education University, Lady Wellington College Campus, Kamarajar Salai, Chennai. 2.K.V.K.College of Education, Through its Principal, Thadikombu Road, Kallipatti Post, Dindigul. 3.The District Collector, Dindigul District. 4.The Secretary, Tamil Nadu Government Education Department, Fort, Secretariate, Chennai. :Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus to direct the first and second respondents to publish the result of B.Ed., Degree Examination for the academic year 2009-10 and issue the Mark sheet to the petitioners and also to permit the petitioners to write the arrears of examinations, if any, just like the other batch of 2009-10 of B.Ed., students. For petitioner ...Mr.K.Kamaludeen For respondents...Mr.B.Pugalendhi, Spl. Government Pleader ORDER Students numbering 11, who had undergone B.Ed., degree Course in K.V.K. College of Education, Kallipatti Post, Dindigul District have sought for a mandamus directing the Registrar, Tamil Nadu Teachers Education University, Lady Wellington College Campus, Kamarajar Salai, Chennai and K.V.K. College of Education, Dindigul District to publish the results of B.Ed., degree examination for the academic year 2009-10 and issue a mark sheets to them. They have also sought for a direction to permit them to write the arrear examination, if any. 2.On this day, when the matter was taken up for hearing, it is brought to the notice of this Court that earlier, in W.A.(MD) No.293 of 2011 filed by K.V.K. Educational Development Trust, represented by its Trustee, Dindigul District, after considering the rival submissions of the parties therein and taking note of the fact that the withdrawal of affiliation granted to the College was done only on 19.08.2010, with effect from the academic year 2010-11 and after considering the decisions of the Hon'ble https://hcservices.ecourts.gov.in/hcservices/ 2 Supreme Court in the State of U.P. vs. Bhupendra Nath Tripathi reported in 2010 (11) Scale 521 and Suresh Pal vs. State of Haryana reported in 1987 (2) SCC 445, followed in W.P.No.21411 of 2004 dated 05.02.2007, at paragraph No.7 of the judgment made in Writ Appeal No.293 of 2011, dated 04.03.2011, has ordered as follows: “8.Applying the principle contained in the said judgments to the facts of this case, particularly, the students underwent the B.Ed., course when the affiliation was in force during 2009-10 and they having been permitted to write the examinations pursuant to the order of this Court, the respondent University is directed to verify the fact as to whether the students admitted are having the qualification for admission and whether they fulfilled the attendance requirements and if both the conditions are satisfied, the respondent University is directed to publish the results of the students, within a period of four weeks from the date of receipt of a copy of this order. 3.In view of the directions granted above in the said writ appeal, the relief sought for in the present writ petition by the students numbering 11, whose results have not been published, cannot be granted, as it be amounting to granting mandamus twice, for the same relief. Therefore, this writ petition is dismissed. However, it is made clear that the directions of this Court made in W.A.(MD) No.293 of 2011, dated 04.03.2011, has to be complied with in letter and spirit, as expeditiously as possible considering the agony, of the students, whose results are yet to be published from the year 2009-10 subject to the conditions stated supra. 4.Though, the College has been served and it's name is also printed in the cause list, there is no appearance in person or through any counsel. However, in the interests of the students, a direction is issued to K.V.K. College of Education, Dindigul District, the second respondent herein, to furnish all the required documents to the first respondent University forthwith, so as to enable the University to publish the results as directed by the Hon'ble Bench. No costs. Sd/- Assistant Registrar (Crl.side) / TRUE COPY / Sub Assistant Registrar To: 1.The Registrar, Tamil Nadu Teachers Education University, Lady Wellington College Campus, Kamarajar Salai, Chennai. 2.The Principal, K.V.K.College of Education, Thadikombu Road, Kallipatti Post, Dindigul. 3.The District Collector, Dindigul District. 4.The Secretary, Tamil Nadu Government Education Department, Fort, Secretariate,Chennai. +1CC to Mr.K.Kamaludeen, Advocate. SR.No.22820. +1CC to The Special Government Pleader. SR.No.22958. RR Writ Petition No.3186 of 2011 RP/14.07.2011/2P/7C. 13/07/2011 https://hcservices.ecourts.gov.in/hcservices/