J. Vinod Kumar v. Sri Venkateswara University

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No. 28030 of 2017 ORDER:

Heard learned counsel for petitioners and learned Standing Counsel for respondent Nos.1 and 2.

Since the petitioners are students of respondent No.3, this writ petition is disposed of without issuing notice to respondent No.3 in view of the urgency.

The case of the petitioners is that they are all residents of Dharmavaram Mandal, Ananthapuramu District and they were pursuing their education through distance education with respondent No.3 after getting enrolled with respondent No.2. They appeared for the first year and second year examinations from respondent No.3 centre. While so, respondent Nos.1 and 2 issued a news letter on 10.07.2017 prescribing a fee for various examinations and courses offered by respondent No.2. The news letter provided for an option regarding the choice of the examination centre and the fee to be paid. They opted for an examination centre near their study centre, respondent No.3. The examination for the graduation courses would be held on alternate days, whereas for postgraduation courses, it would be held on a day-to-day basis. They filed the present writ petition on 21.08.2017 stating that till the date of filing the writ petition, neither the schedule of examination nor the centre of examination was furnished. When they approached respondent No.3, it

expressed its inability and indicated that there was a proposal to change the examination centre from Dharmavaram to Ananthapuramu, which is situated at a distance of 45 Kms. The examinations are going to be conducted from 28th August, 2017 onwards.

When this writ petition came up for consideration on 22.08.2017, it was adjourned to 23.08.2017 and again adjourned to today in order to enable the learned Standing Counsel for respondent Nos.1 and 2 to obtain instructions in this regard.

The learned Standing Counsel submits that because of various malpractices in Dharmavaram centre, respondent Nos.1 and 2 wanted to shift the centre from respondent No.3 to a Government College, but the Government College at the last moment intimated their inability with regard to the conduct of examinations. In those circumstances only, they wanted to shift the examination centre to Ananthapuramu. She also submits that the Hall-tickets were issued online indicating the Ananthapuramu centre.

Since the action was taken by respondent Nos.1 and 2 at the last moment, which would affect the studies of the students by losing their time in commutation, this Court feels it necessary to direct respondent Nos.1 and 2 to conduct the examinations in one of the convenient places in Dharmavaram Town itself in the interest of the students. It is stated that nearly 100 students are pursuing their education in Dharmavaram and

respondent Nos.1 and 2 shall take necessary steps for conducting examinations in Dharmavaram and appropriate intimation shall be given to all the students by communication through website and publication in the newspapers circulating in Dharmavaram area. The writ petitions are accordingly allowed. Consequently, miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs.

______________________ A.RAMALINGESWARA RAO,J Dt:24.08.2017 Note: Issue cc today.

(B/o) kdl