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Madras High CourtWP/33752/2012disposed of

D.Sugumar, v. The Vice Chancellor,

2021-04-27Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 27.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.33752 and 33754 of 2012 and WMP No.13073, 13076 of 2019 D. Sugumar ... Petitioner in W.P.No.33752/2012 C.Navanetham ... Petitioner in W.P.No.33754/2012 Vs.

1.The Vice Chancellore, Dr.Ambedkar Law University, Chennai.

2.The Principal, Dr. Ambedkar Government Law College, Chennai-104.

... Respondents in both writ petitions COMMON PRAYER :

These Writ petitions are filed under Section 226 of the Constitution of India to issue a Writ of certiorarified mandamus to call for the records in Na.Ka.No.112/A5/2012 dated 29.11.2012 passed by the second respondent and quash the same as illegal and consequently direct the second respondent to issue certificate that petitioner completed the bachelor of law in Tamil Medium. In both the writ petitions For petitioner :

Mr.S.Rajesh For respondents :

Mr.T.D.Vasu COMMON ORDER Both the writ petitions have been filed to quash the impugned order dated 29.11.2012 passed by the second respondent and to direct the second respondent to issue certificate that petitioners completed the bachelor of law in Tamil Medium.

2. According to the petitioners, the petitioner in W.P.No.33752 of 2012 had completed his Law degree in the year

2006-2007 at Dr.Ambedkar Government Law College, Chennai and the petitioner in W.P.No.33754 of 2014 had completed his Law degree in the year 2006-2007 at Dr.Ambedkar Government Law College, Chennai and Both of them had studied their law degree in "Tamil Medium". Subsequently, The petitioners had attended the written examination conducted by the Tamil Nadu Public Service Commission in the month of November 2012 and they had in need to submit the proof for Medium of instructions at the college level is Tamil. Hence, they approached the second respondent on 07.11.2012 to issue such certificate, however, they said that they cannot give that certificate, as there is no record to show that the petitioners had studied in Tamil Medium. The petitioners sent a letter dated 09.11.2012 and reminder letter 18.11.2012 to the second respondent to issue the above said certificate. But, the 2nd respondent passed the impugned order dated 29.11.2012 stating that they verified the college attendance and there is no indication to show the medium of instruction was Tamil. Hence the writ petitions.

3. The contention of the petitioners is that, they have completed their Law degree in Tamil Medium, however without taking the fact and considering the admission records of the College and the Examination records, the 2nd respondent had simply rejected the request of the petitioners. It is further submitted by the petitioners that the Director of Legal Studies, who is the competent authority shall be directed by this court to consider the request of the petitioners and to pass appropriate orders. The petitioners have also undertake that they will place all the documents before the Director of Legal Studies and the Director of Legal Studies should call for the records from the College and take appropriate decision on the petitioners' representation.

4. The learned counsel appearing for the University submitted that on verification of the records reveals that the petitioners have studied their B.L. degree in Tamil Medium and they are eligible for getting the degree only in Tamil Medium. Further he submitted that, as verified from the records, there is no supporting materials placed by the petitioners, as far as the present case is concerned.

5. Inview of the above and also considering the requirements of the verification of the college records, it is appropriate for this court to pass the following order. " The petitioners are directed to make their application to the Director of Legal Studies, within four weeks from the date of receipt of a copy of this order and on such application being received, the Director of Legal Studies shall consider the applications given by the

petitioners, after giving opportunity to the petitioners and also after verification of the college records and take appropriate decision, on merits and in accordance with law, as expeditiously as possible.

6. With the above direction, the writ petitions in W.P.No.33752 of 2012 and W.P.No.33754 of 2012 are disposed of. No costs. Connected writ miscellaneous petitions are closed. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar mst To 1.The Vice Chancellore, Dr.Ambedkar Law University, Chennai.

2.The Principal, Dr.Ambedkar Government Law College, Chennai-104.

3.The Director of Legal Studies, Purasawakkam High Road, Kilpauk, Chennai - 10.

+2ccs to Mr.K.Sivanandam, Advocate (SR Nos.25571,25572) W.P.No.33752 and 33754 of 2012 and WMP No.13073, 13076 of 2019 RSV (CO) PR (16/08/2021)