M.Kantharajan v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.07.2018
CORAM
THE HON'BLE MR.JUSTICE HULUVADI G.RAMESH AND THE HON'BLE MR.JUSTICE M.DHANDAPANI W.A.No.1494 of 2018 and C.M.P.No.11780 of 2018 1.M.Kantharajan 2.S.Jabasingh Inbaraj 3.V.Vijayendiran ...
Appellants -vs1. The State of Tamil Nadu rep.by its Secretary to Government Law Department, Fort St.George, Chennai-600 009.
2. The Director of Legal Studies, Kilpauk, Chennai-600 010.
3. The Principal, Dr.Ambedkar Govt.Law College, Chennai.
... Respondents Appeal filed under Clause 15 of Letters Patent, against the order passed by this Court in W.P.No.11731 of 2018 dated 03.05.2018.
Prayer in W.P.No.11731 of 2018:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the entire records connected with the order of impugned order of the second respondent made in proceedings order No. 956/A3/2018 1 and 2 dated 11.04.2018 on the file of second respondent and direct the 2nd respondent to permit the petitioner to complete the Bachelor of Law course in Dr.Ambedkar Government Law college, chennai.
For Appellants ::
Mr.V.Stalin for Mr.R.S.Maitreya For Respondents ::
Mr.P.S.Sivashanmugasundaram, Spl.GP for R1 Mr.C.Munusamy, Spl.GP (Edn.) for R2 and R3
JUDGMENT
(Delivered by HULUVADI G.RAMESH, J.) W.P.No.11731 of 2018 was filed by the students of Dr.Ambedkar Law University, the appellants herein, challenging the order dated 11.04.2018 passed by the second respondent transferring them from Dr.Ambedkar Government Law College, Chennai to Coimbatore Government Law College, Trichy Government Law College and Madurai Government Law College, respectively. The said writ petition was dismissed by order dated 03.05.2018. Challenging the same, the present writ appeal has been filed. 2.The learned counsel for the appellants has submitted that the learned single Judge the impugned order passed by the learned single Judge rejecting the claim of the appellants is against the principles of natural justice, since they have not been given any opportunity before passing such order. 3.The learned Special Government Pleader appearing for the respondents 2 and 3 has submitted that the appellants have joined in the respective colleges where they have been transferred.
4.Heard the learned counsel on either side and perused the materials available on record.
5.It appears that the appellants were temporarily suspended on the ground of clash with co-students using deadly weapons and assault on teaching staff; that they were later admitted in the college, after revocation of suspension, based on their undertaking that they will maintain good conduct. It also appears that they have breached the undertaking given and threatened to commit suicide by climbing the terrace of the building. Therefore, the learned single Judge has observed that the transfer of the appellants is less than adequate, considering their antecedents, and accordingly dismissed the writ petition. It is also seen that they have joined in the transferred place. In the circumstances, we are not inclined to interfere with the impugned order passed by the learned single Judge.
6.The writ appeal is dismissed. No costs. Consequently the connected miscellaneous petition is closed.
Sd/- Assistant Registrar(Audit) //True Copy// Sub Assistant Registrar KM To
1. The Secretary to Government, Government of Tamil Nadu, Law Department, Fort St.George, Chennai-600 009.
2. The Director of Legal Studies, Kilpauk, Chennai-600 010.
3. The Principal, Dr.Ambedkar Govt.Law College, Chennai.
+1cc to Government Pleader, S.R.No.46185, 46165 +1cc to Mr.R.Jayaprakash, in sr.no.45944 W.A.No.1494 of 2018 and C.M.P.No.11780 of 2018 KJI(CO) CS/01/08/18