K.Ajin v. The Vice Chancellor

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09-06-2017

CORAM

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.No.13038 of 2016 K.Ajin,

...Petitioner

-Vs1.The Vice Chancellor, The Tamilnadu Dr. MGR Medical University, 69, Anna Salai, Guindy, Chennai -32 2.The Controller of Examination, The Tamilnadu Dr. MGR Medical University, 69, Anna Salai, Guindy, Chennai - 32 3.The Principal, Arulmigu Kalasalingam College of Pharmacy, Krishnankoil, Srivilliputhur, Viruthunagar District.

...Respondents

Writ petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents herein to consider and dispose of my representation dated 29.02.2016 within the time frame fixed by this Hon'ble Court and to aggregate my 1st and 2nd year attendance and to publishing my exam results.

For Petitioner : M/s.E.D.Sethupathi For 1st Respondent : G.Harihara Arun Somasankar

O R D E R

The petitioner had joined B.Pharmacy course in the year 2004 in the second respondent college. After completion of arrears papers up to 3rd year, he was allowed to join the 4th year by the college. It is stated that the petitioner was not allowed to

attend the examination for 4th year for the reason that there was lack of attendance and there is no internal assessment marks as required to permit him to take up the examination. Hence the petitioner had filed W.P.No.15023/2009.

2. This Court permitted the petitioner to sit for examination and the Writ Petition was disposed of on 25.07.2011. As the results were not published, the petitioner had sent a representation on 14.05.2015 to the respondents herein and another representation dated 15.05.2002 to the 3rd respondent. Since, there was no response from them, the petitioner once again filed the Writ Petition No. 15881/2015 before this Court to consider and dispose of the representation of the petitioner therein. The said Writ Petition was disposed of on 05.06.2015 directing the respondents to consider and dispose of the representation. Pursuant to the direction of this Court, the respondents had in Memorandum No.Ex.V(3)/22309/2009 dated 13.07.

2015 disposed of the representation informing the petitioner that he had not fulfilled the minimum eligibility criteria of Internal Assessment marks and attendance for the written examination held in August 2009. Without challenging the said order, the petitioner seems to have sent another representation on 29.02.2016 requesting the respondents to aggregate the I and II year attendance so as to fulfill the minimum required eligibility criteria of internal assessment marks and attendance.

3.Without challenging the order passed by the respondents on 13.07.2015, which is already declined to entertain the request of the petitioner, the present Writ petition has been filed seeking the very same relief by sending a representation dated 29.02.2016 and directing the respondents to consider and dispose of the said representation. Already the respondents have declined the request of the petitioner. There is nothing to be considered by the respondents. Hence the Writ petition is dismissed as devoid of merits.No costs.

Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar GGI/TSI

To 1.The Vice Chancellor, The Tamilnadu Dr. MGR Medical University, 69, Anna Salai, Guindy, Chennai -32 2.The Controller of Examination, The Tamilnadu Dr. MGR Medical University, 69, Anna Salai, Guindy, Chennai - 32 3.The Principal, Arulmigu Kalasalingam College of Pharmacy, Krishnankoil, Srivilliputhur, Viruthunagar District.

+1cc to M/S.E.D. Sethupathi,Advocate, S.R.No.41716 NR(CO) W.P.No.13038 of 2016 CU(04/07/2017)