Madras High CourtWP/9953/2018disposed of

Ms.Kaaviya.S v. The Tamil Nadu Dr.M.G.R.

2018-07-18Honourable Mr Justice S. Vaidyanathan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.9953 of 2018 and W.M.P.No.11902 of 2018 Ms.Kaaviya.S.

... Petitioner Vs.

1. The Tamil Nadu Dr.M.G.R. Medical University, Rep. by its Registrar, No.69, Anna Salai, Guindy, Chennai-600 032.

2. The Controller of Examinations, The Tamil Nadu Dr.M.G.R. Medical University, No.69, Anna Salai, Guindy, Chennai-600 032.

3. JSS Institute of Naturopathy and Yogic Sciences, Rep. by its Principal, Navakkarai, Palakad Highway, Coimbatore-641 105.

4. Sivaraj Naturopathy and Yoga Medical College, Rep. by its Principal, Siddhar Kovil Road, Thumbathulipatty, Salem-636 307.

5. State of Tamil Nadu, Represented by Secretary to Government, Department of Social Justice, Fort St.George, Chennai-600 009.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the respondents to permit the petitioner to write all Examinations pertaining to Bachelor of Naturopathy and Yogic Sciences Course, including the III Year Examination to be held in May 2018 to enable her to pursue and complete the entire course.

For petitioner : Ms.G.Thamizharasi For respondents : Mr.Gomathinayagam, Senior Counsel, assisted by M/s.G.Harihara Arun Somasankar for RR-1 and 2 Mr.C.Munusamy, Spl.G.P., assisted by A.Raja Perumal, Addl.G.P. for RR-3 to 5

ORDER

The petitioner has come forward with the above Writ Petition praying for issuance of a Writ of Mandamus to direct the respondents to permit the petitioner to write all Examinations pertaining to Bachelor of Naturopathy and Yogic Sciences Course, including the III Year Examination to be held in May 2018 to enable her to pursue and complete the entire course.

2. Learned Senior Counsel appearing for the respondents 1 and 2 submitted that without any permission from the University, the candidate(s) are switching over from one College to another and that they are trying to get the process ratified. In the present case on hand, the petitioner has joined the College with the permission, but the relief sought for is only with regard to the III Year examination, based on the order that may be passed in this case. The petitioner cannot be permitted to write any other examination that may follow, if there is any shortage of attendance in the new College which she has joined.

3. Taking note of the submissions made by both sides, the petitioner's attendance in the previous College will have to be counted for the purpose of the examination held in May 2018 and that the petitioner has been allowed to take up the examination pursuant to the interim order passed by this Court, and if she is otherwise qualified, the results shall be declared without her being disqualified on the ground of non-availability of attendance. It is stated by the learned Senior Counsel appearing for the respondents 1 and 2 that pursuant to the said order, the results are being kept in a sealed cover, which shall now be published.

4. With the above observations and direction, the Writ Petition is disposed of. No costs. Consequently, W.M.P. is closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar

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