B.Agalaya v. The Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.06.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.13981 of 2015 and M.P.No.1 of 2015 B.Agalya .. Petitioner -Vs.- 1.

The Director Adhidravidar and Tribal Welfare Directorate of Adhidravidar and Tribal Welfare Ezhilagam Chennai - 600 005.

2.

District Welfare Officer Adhidravidar and Tribal Welfare Namakkal District.

3.

The Principal Namakkal Kavingar Ramalingam Government Women's Arts and Science College Namakkal - 637 001.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus calling for the records of the second respondent in C.P.No.09/2014 dated 26.02.2014 and quash the same and consequently direct the respondents to release the scholarship to the petitioner for the academic year 2009-2013.

For Petitioner : Mr.D.Naveen Duraibabu For Respondents 1 & 2 : Mr.R.Vijayakumar Additional Government Pleader

O R D E R

By consent, the Writ Petition itself is taken up for final disposal.

2. The petitioner claims that she joined B.A. English Literature course in the third respondent college in the academic year 2009-2010 and completed the course in the year 2013 and there was a break in the year 2010-2011 on account of the fact that she was in family way. The petitioner would further state that she applied for scholarship to the third respondent college in the year 2011 itself, but for the reasons beyond control, her application was not at all considered and though repeated representations have been https://hcservices.ecourts.gov.in/hcservices/

submitted, nothing fructified so far. Ultimately her request for scholarship was rejected on the ground that she had not produced the original testimonies. Hence, challenging the legality of the impugned proceedings, the present Writ Petition has been filed.

3. Mr.D.Naveen Duraibabu, learned counsel appearing for the petitioner, would submit that on account of the reasons beyond control, the petitioner was unable to produce the originals as required by the second respondent and she undertakes to produce the same and hence, prayed for intervention.

4. Heard Mr.R.Vijayakumar, learned Additional Government Pleader, who accepts notice for the respondents 1 and 2.

5. In the light of the submissions made by the learned counsel appearing for the petitioner that the petitioner would produce the documents required by the second respondent, the Writ Petition is partly allowed and the impugned order dated 26.02.2014 is set aside and the petitioner is directed to submit the documents required by the second respondent within a period of four weeks from the date of receipt of a copy of this order and the second respondent, on receipt of the certificates, directed to consider the matter afresh and pass orders in accordance with law within a further period of six weeks. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar True Copy Sub Assistant Registrar To 1.

The Director Adhidravidar and Tribal Welfare Directorate of Adhidravidar and Tribal Welfare Ezhilagam Chennai - 600 005.

2.

District Welfare Officer Adhidravidar and Tribal Welfare Namakkal District 3.

The Principal Namakkal Kavingar Ramalingam Government Women's Arts and Science College Namakkal - 637 001.

1 cc to Government Pleader.Sr.No.25909 W.P.No.13981 of 2015 and M.P.No.1 of 2015 mg(co)pmk.15.6.2015 https://hcservices.ecourts.gov.in/hcservices/