Madras High CourtWMP/12774/2020disposed of

C.Praveenkumar (Reg. No.810117251018) v. The Registrar

2020-09-10Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Special Original Jurisdiction ) Thursday, the Tenth day of September Two Thousand Twenty PRESENT THE HON`BLE MR JUSTICE N.ANAND VENKATESH WMP.Nos.12774, 12776 & 12777 of 2020 in WP.No.10517of 2020 C.PRAVEENKUMAR, [PETITIONER IN ALL THE PETITIONS] REGN.NO.810117251018, S/O.D.CHINNANNASAMY.

VS.

1.THE REGISTRAR, [RESPONDENTS IN ALL THE PETITIONS] ANNA UNIVERSITY, GUINDY, CHENNAI-25.

2.THE CONTROLLER OF EXAMINATIONS, ANNA UNIVERSITY, GUINDY, CHENNAI-25.

3.THE DIRECTOR, CENTRE FOR ACADEMIC COURSES, ANNA UNIVERSITY, GUINDY, CHENNAI-25.

4.THE PRINCIPAL, CARE SCHOOL OF ARCHITECTURE, NO.27, THAYANUR, TRICHY-620 009.

1 WMP.No.12774 of 2020 Writ Miscellaneous Petition filed under Article 226 of Constitution of India, to grant an order of interim direction directing the 2nd respondent to submit his application for taking up the VI Semester exams of B.Arch Course to be conducted during April 2020 as well as to sit for the examination, 2 WMP.No.12776 of 2020 Writ Miscellaneous Petition filed under Article 226 of Constitution of India, to grant an order of interim direction directing the 2nd respondent to conduct the supplementary exam for the Studio course Architectural Design III of Semester IV of B.Arch Course for the petitioner,

3 WMP.No.12777 of 2020 Writ Miscellaneous Petition filed under Article 226 of Constitution of India, to grant an order of interim stay of the operation of the impugned order passed in Lr.No.8101/COE/C31/2020-5151 dated 13.02.2020 as well as the consequential letter in Lr.No.8101/COE/C31/2020-8676, 8677 dated 03.03.2020 issued by the 2nd respondent and the Lr.No.540/AU/CAC/AB/SAP/2020 dated 13.03.2020 issued by the 3rd respondent, Order : These petitions coming on this day for hearing \ upon perusing the petition and the respective affidavits filed in support thereof and upon hearing the arguments of M/S.S.SARAVANAN, Advocate for the petitioner in all the petitions and of MR.L.P.

SHANMUGASUNDARAM, Standing counsel for the for 1 to 3 respondents in all the petitions the court made the following order:- The main issue raised in this writ petition is that the petitioner having registered for the viva voce examination for the Studio course in semester-IV for Architectural Design-III, was not able to attend the exam due to a situation beyond his control. 2.According to the petitioner, even if a student is absent for an examination, the same must be considered as non-appearance for the examination in which, the student fails. To support this contention, Clause 18.4 of the Anna University Regulations has been relied upon. Therefore, a student, who fails to secure a pass in a Studio Course due to his absence during examination, should also be permitted to take the supplementary viva voce examination as per Clause 11.2.

2 of the Regulations. The grievance of the petitioner is that this supplementary viva voce examination was not conducted and as a result of the same, the petitioner is not allowed to attend the 6th Semester classes. The issue raised by the petitioner requires consideration.

3. Without prejudice to the rights of either parties, in the interest of the student, the petitioner shall be permitted to attend the on-line classes until further orders.

-sd/- 10/09/2020 / TRUE COPY / Sub Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE REGISTRAR ANNA UNIVERSITY, GUINDY, CHENNAI - 25 2 THE CONTROLLER OF EXAMINATIONS, ANNA UNIVERSITY, GUINDY, CHENNAI-25.

3 THE DIRECTOR CENTRE FOR ACADEMIC COURSES, ANNA UNIVERSITY, GUINDY, CHENNAI-25.

4 THE PRINCIPAL CARE SCHOOL OF ARCHITECTURE, NO.27, THAYANUR, TRICHY - 620 009.

5. THE GOVERNMENT PLEADER, HIGH COURT, MADRAS.

C.C. to M/S.S.SARAVANAN Advocate Sr.No.4808. The Government Advocate, High Court, Madras - 104. Order in WMP.Nos.12774, 12776 & 12777 of 2020 in WP.No.10517of 2020 Date :10/09/2020 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format KP(18/09/2020)