J.Manonmani v. The Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.04.2019

CORAM

THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA W.P.No.4794 of 2019

1. J.Manonmani

2. M.Abirami

3. Ahiladevi.M.

4. Amudhavalli.P.

5. Anand.B.

6. Anitha.E

7. Bhunaneshwari.N.

8. Deivapriya.J.

9. Divyabharathi.S.

10.Divya.D.

11.Gokilapriyanka 12.Indhumathi.B.

13.Janaki.K.

14.Jeevanantham.P.

15.Karthikeyan R.

16.Kavianban.T 17.Kavitha.K.

18.Keerthika.K.

19.Kiruthika.M.

20.Latha.E 21.Leo Tolstoy.M.

22.Logeshwari.J.

23.Mahalakshmi.K 24.Mallikarjunan.E.

25.Meena.M.

26.Michal Worrious.R.

27.Mohanagowri.P.

28.Murugan.K.

29.Muthupriya.S.

30.Nataraj.K.

31.Nathiya.R.

32.Nithya.M.

33.Nithya Mary.A.

34.Renuga.S.

35.Revathy.s.

36.Sangeetha.S.

37.Sakunthala.P.

38.Saraswathi.K.

39.Selvakumar.A.

40.Shanthi.P.

41.Sharmilabanu.S.

42.Sheeba Juliet.A.

43.Sivakami.S.

44.Sivasangavi.S.

45.Suganthi.P.

46.Suganya.M.

47.Sugitha.A.

48.Sumathi.S.

49.Anu.T.

[All are petitioners are studying 2nd year B.Ed course at Ellis Nagar Post, Dharapuram, Tirupur District .. Petitioners vs.

1. The Registrar, Tamil Nadu Teacher Education University, Gangaiamman Koil Street, Karapakkam, Chennai 600 097.

2. The Controller of Examinations Tamil Nadu Teacher Education University, Gangaiamman Koil Street, Karapakkam, Chennai 600 097.

3. Vishnu Lakshmi B.Ed College, Represented by Chairman/Correspondent, K.Bhaskaran, Ellis Nagar Post, Dharapuram, Tirupur Dsitrict .. Respondents PRAYER: Writ Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the second respondent to permit the petitioners to write their 1st year arrear examinations as well as 2nd year examinations to be conducted from May, 2019 onwards for the academic year 2017-2019.

For Petitioner : Mr.R.Kannan For Respondents 1 and 2 : Mr.U.Venkatesan

O R D E R

The Writ Petition is filed seeking for issuance of Writ of Mandamus to direct the second respondent to permit the petitioners to write their 1st year arrear examinations as well as 2nd year examinations to be conducted from May, 2019 onwards for the academic year 2017-2019.

2. The petitioners are the students from the third respondent-College, which commenced in the year 2006. The admissions for the year 2017 was done in the month of August 2017 and the petitioners secured admissions into the said College. The classes have also commenced and the petitioners were attending the classes. The petitioners also stated that they have paid the first year examination fees for the academic year 2017-2018, but unfortunately, the second respondent has not given any hall tickets for the first year examinations. Hence, the petitioners could not write their examinations. Now, the petitioners have filed this Writ Petition seeking a direction to permit the petitioners to write their first year examinations as well as the second year examinations to be conducted in the month of May for the academic year 2017-2019.

3. A Writ Petition No.10882 of 2019 was filed by the third respondent-College, challenging the order dated 15.10.2017 passed by the first respondent. The order dated 15.10.2017 states that the College was found locked and the classrooms were found closed and the furnitures are also dusty. The attendance registers of the principal, faculty members and the students have not been produced before the Commission, as they were not available. In such scenario, the students of the College have moved this Court seeking for the relief stated supra. If the College itself is closed, the students could not have attended the classes and have sufficient attendance. However, according to them, they had attended the classes.

4. The learned counsel appearing for the respondents 1 and 2 states that if the students can satisfy with the authorities that they had required percentage of attendance, they have no objection in allowing them to sit for the examinations. As the examinations are said to be slated to be conducted in the month of May 2019, the students are directed to approach the respondents along with original records of the attendance of the students and on production of the same, the respondents are directed to consider and pass appropriate orders. If the students have required attendance, they may be permitted to take up the examinations in the month of May 2019 including arrears examinations. The said exercise shall be completed on or before 04.05.2019.

5. With the above direction, the Writ Petition is disposed. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar srn To

1. The Registrar, Tamil Nadu Teacher Education University, Gangaiamman Koil Street, Karapakkam, Chennai 600 097.

2. The Controller of Examinations Tamil Nadu Teacher Education University, Gangaiamman Koil Street, Karapakkam, Chennai 600 097.

+1cc to Mr.R.Kannan, Advocate sr.no.42433 +1cc to Mr.T.M.Hariharan, Advocate sr.no.42443 +1cc to Mr.U.Venkatesan, Advocate sr.no.42457 W.P.No.4794 of 2019 ss(co) nr 03/05/2019