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Madras High CourtWP/5750/2024dismissed

N.P.Valluvan v. The Registrar

2024-04-16Honourable Mr Justice S.M. Subramaniam6 pages

2024:MHC:1809

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16-04-2024

CORAM

THE HONOURABLE MR.JUSTICE S.M. SUBRAMANIAM N.P.Valluvan .. Petitioner -vs1.The Registrar, University of Madras, Chennai-600 005.

2.The Controller of Examination, University of Madras, Chennai-600 005.

3.The Principal, Pachayappa's College for Men, Kancheepuram-631 503.

.. Respondents Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondentAuthorities to permit the petitioner to complete his Graduation by attending

his exams with regard to two arrear papers by providing appropriate extension/relaxation by disposing of the petitioner's representation dated 28.10.2023.

For Petitioner :

Mr.M.Sudhan For Respondents-1 and 2 :

Ms.A.Shabnam Banu

O R D E R

The relief sought for in the present writ petition is to direct the respondent-Authorities to permit the petitioner to complete his Graduation by attending his exams with regard to two arrears papers by providing appropriate extension/relaxation by disposing of the petitioner's representation dated 28.10.2023.

2. The petitioner is aged about 56 years and he is the old student of the third respondent-Pachayappa's College for Men. He joined Under-Graduation Course in B.Sc., Physics during the year 1986 and continued his studies upto 1989.

3. Admittedly, the petitioner discontinued Under-Graduation Course in the third respondent-Institution. After a lapse of several years, the Madras University introduced a Scheme permitting such old students to write examinations under the New Syllabus.

4. The grievance of the writ petitioner is that he participated in the examination under the New Syllabus and he failed in two subjects. Thus the petitioner is again submitted representation, seeking permission to appear for the examinations.

5. The learned counsel appearing on behalf of the respondentMadras University, would submit that it is a concessional Scheme announced by the Madras University, enabling the old students to complete their Graduation Course. If they had discontinued the Course, such a benefit cannot be extended any further and in this regard, the Syndicate of Madras University has passed the following Resolution on 12.05.2022:- "RESOLVED that two more chances be permitted for the candidates admitted prior to the academic year 2015-2016 of UG/PG/ Professional

Degree Courses affiliated to University of Madras to write the examinations of November 2022 and April 2023 with a penal fee of Rs.5,000/- for UG, Rs.7,000/- for PG and Rs.10,000/- for Professional Degree Courses for each candidate in addition to the examination fees."

6. In view of the Syndicate Resolution, cited supra, the petitioner is not eligible to participate in the examination. The Special Concession granted to the old students, cannot be extended by this Court by exercising the powers of Judicial Review. Such Schemes are to be confined with reference to the terms and conditions and in the event of allowing the petitioner, many such similarly placed persons will also seek the same relief, which would result in opening the 'Pandora Box'. Thus this Court is not inclined to grant the relief, as such, sought for in the present writ petition.

7. Accordingly, the present writ petition stands dismissed.

However, there shall be no order as to costs. 16-04-2024 Index : Yes/No Internet: Yes/No Speaking order/Non-Speaking order Svn To 1.The Registrar, University of Madras, Chennai-600 005.

2.The Controller of Examination, University of Madras, Chennai-600 005.

3.The Principal, Pachayappa's College for Men, Kancheepuram-631 503.

S.M.SUBRAMANIAM, J.

Svn

WP 5750 of 2024 16-04-2024