Miss.Sandra Muraleedharan v. Shri Sathya Sai Medical College And Research Institute

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.01.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.1552 of 2022 and W.M.P.No.1671 of 2022 Sandra Muraleedharan

...Petitioner

Vs.

1.

Shri Sathya Sai Medical College & Research Institute, Rep. by its Dean, Thiruporur, Guduvancherry Road, Nellikuppam, Chengalpatu-603 108.

2.

Controller of Examinations, Sri Balaji Vidhyapet University, Puducherry.

3.

Principal/Accounts Manager, Shri Sathya Sai Medical College & Research Institute, Nellikuppam, Chengalpatu-603 108.

...Respondents

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to allow the petitioner to appear for the 4th year examinations both theory and practical before paying the full fees to the respondents and to declare her result on payment of fees. For Petitioner : M/s.Satish Kumar For Respondents : Mr.L.Swaminathan

O R D E R

The petitioner has filed this writ petition seeking issuance of a Writ of Mandamus to direct the respondents to consider the petitioner's father's letter dated 24.01.2022 and to allow the petitioner to appear for the 4th year examinations.

2. The case of the petitioner is that she joined Bachelors of Medicine and Bachelors of Surgery course in the academic year 2016-17 in the 1st respondent's college. Though the petitioner defaulted in paying the fees due to pandemic situation, she managed to pay the fees till 3rd year and completed till 3rd year. However, for the academic year 2020-21, the petitioner's father

was unable to pay the fees due to financial hardships. Whielso, the 4th year theory examinations are scheduled to be held from 01.02.2022 and the respondents have denied to issue hall ticket to the petitioner due to non payment of fees. Such being the situation, the petitioner's father sent a letter dated 24.01.2022 to the respondents herein explaining his difficulties and seeking permission to allow the petitioner to appear for the 4th year examination scheduled to be held from 01.02.2022. However, till date no action has been taken and the petitioner has not been issued with the Hall ticket. Hence, this present petition is filed.

3.The learned counsel for the petitioner submitted that, due to financial hardships, the petitioner was unable to pay the fees for the 4th year and he undertook that the petitioner will pay the outstanding fees of Rs.13,65,000/- within April 2022. However, on instructions, he further submitted that, the petitioner's father has paid a sum of Rs.2,25,000/- on 31.01.2022 ( i.e., today) and he further submitted that, the petitioner is ready to pay a sum of Rs.2,00,000/- on or before 01.02.2022. Hence, he submitted that, it would suffice if this Court issues direction to the respondents to provide the petitioner with the Hall Ticket and to permit her to appear for the 4th year examinations that is to be held from 01.02.2022. However, he fairly conceded that the respondent college may release the results only after the payment of entire outstanding fees.

4.The learned counsel appearing for the respondents has no objection for said order being passed.

5. In view of the aforesaid submissions, this Court issues direction to the petitioner to pay a sum of Rs.4,50,000/- Lakhs on or before 01.02.2022 (i.e., Rs.2,25,000/- by 31.01.2022 and Rs.2,25,000/- by 01.02.2022) and the petitioner shall pay the balance amount of Rs.9,15,000/- on or before 28.02.2022 and subject to the payment of the amounts, the results may be published.

6. This writ petition is accordingly disposed of. No costs. Consequently connected Miscellaneous petition is closed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar skt

To 1.

Shri Sathya Sai Medical College & Research Institute, Rep. by its Dean, Thiruporur, Guduvancherry Road, Nellikuppam, Chengalpatu-603 108.

2.

Controller of Examinations, Sri Balaji Vidhyapet University, Puducherry.

3.

Principal/Accounts Manager, Shri Sathya Sai Medical College & Research Institute, Nellikuppam, Chengalpatu-603 108.

+1cc to Mr.N.Sathish Kumar, Advocate, S.R.No.5830 +1cc to Mr.L.Swaminathan, Advocate, Sr.No.6277(14/03/2022) W.P.No.1552 of 2022 and W.M.P.No.1671 of 2022 CNR(CO) KKV/01/02/2022 KKV/02/02/2022