R.Vignesh v. The Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.03.2023 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI and W.M.P.No.6776 of 2023 R.Vignesh ... Petitioner Vs.

1. The Registrar, Tamil Nadu Veterinary and Animal Sciences University, Madhavaram Milk Coolny, Chennai - 51.

2. The Dean, Madras Veterinary College, Vepery, Chennai - 7.

3. The Education Cell, Madras Veterinary College, Vepery, Chennai - 7.

4. Cauveri

5. Muniappan ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the letter of the first respondent dated a letter No.4044/A4/2022, dated 3.2.2023 (received on 13.02.2023 and quash the same and consequently direct the respondents to 1/6

permit the petitioner to write the final exams in scheduled time or in the compartmental exam to write the remaining written exams as well practical exams for the 2nd year course of B.V.Sc & A.H which is likely to be conduced after the result announced for the 2nd year students. For Petitioner :

Mr.A.Ramalingam For Respondents :

Mr.S.Vijayakumar senior counsel assisted by Mr.J.Melvin Jabaz *****

ORDER

This Writ Petition has been filed seeking for a Writ of Certiorarified Mandamus to quash the letter dated 03.02.2023 issued by the first respondent and consequently direct the respondents to permit the petitioner to write the final exams in scheduled time or in the compartmental exam to write the remaining written exams as well practical exams for the 2nd year course of B.V.Sc & A.H which is likely to be conduced after the result announced for the 2nd year students.

2. The case of the petitioner is that he is pursuing B.V.Sc & AH, II year at Madras Veterinary College, Vepery, Chennai - 7. Subsequently, the final examination for the current academic year was scheduled to be conducted on 2/6

07.02.2023. However, despite the repeated requests made by the petitioner, the second respondent has not issued the hall ticket for the scheduled examination. Hence, seeking for issuance of hall ticket for the said examination, the petitioner made a complaint before the Mudalvarin Mugavari Department, pursuant to which, the first respondent sent a reply letter to the petitioner dated 03.02.2023, stating that the petitioner obtained less than 75% of attendance in certain subjects. Challenging the said letter issued by the first respondent dated 03.02.2023, the present writ petition has been filed.

3. Learned counsel appearing for the petitioner submitted that though the petitioner attended all the classes regularly including the practical classes, the fourth and fifth respondents in order to victimize and penalize the petitioner, had put minimum attendance and manipulated the attendance register against the petitioner in order to prevent him from writing the examination. Hence, the impugned letter passed by the first respondent is not sustainable. Accordingly, he prayed to quash the impugned order and to permit the petitioner to write the compartmental exam for the remaining exam which is scheduled to be held after the results of the second year students are published.

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4. Learned senior counsel appearing for the respondents submitted that the petitioner's request seeking hall ticket for the examination conducted on 07.02.2023, was rejected on the ground that the petitioner obtained less than 75% of attendance. Hence, he was not permitted to write the examination. Accordingly, he prayed for dismissal of the present writ petition.

5. Heard learned counsel appearing on either side and perused the materials placed before this Court.

6. Admittedly the examination for the course of B.V.Sc & A.H was scheduled to be conducted on 07.02.2023. Seeking for issuance of hall ticket for the said examination, the petitioner made a complaint before the Mudalvarin Mugavari Department, pursuant to which the first respondent rejected the petitioner's request vide letter dated 03.02.2023, citing the fact that the petitioner has shortage of attendance in certain subjects. Since the examination for the academic year is already over, challenging the letter issued by the first respondent dated 03.02.2023 is not sustainable. Hence, this Court cannot grant affirmative direction in favour of the petitioner. However, if the petitioner obtained more than 75% of attendance, liberty is granted to 4/6

him to work out his remedy in the manner known to law.

7. In view of the aforesaid reasons, this writ petition is dismissed. Consequently, connected miscellaneous petition is closed. No costs. 07.03.2023 Index : Yes / No Speaking order / Nonspeaking order Netrual Citation Case : Yes / No rap To

1. The Registrar, Tamil Nadu Veterinary and Animal Sciences University, Madhavaram Milk Coolny, Chennai - 51.

2. The Dean, Madras Veterinary College, Vepery, Chennai - 7.

3. The Education Cell, Madras Veterinary College, Vepery, Chennai - 7.

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M.DHANDAPANI, J.

rap 07.03.2023 6/6