B.Revathy v. The Director Of Legal Studies

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.7.2021

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.NO.9504 OF 2021 B.Revathy ... Petitioner Vs.

1 The Director of Legal studies No.198 Puraisavakkam High Road Pavapuri Colony Lumbini Square Purasaivakkam Chennai 600010.

2 The Controller of examinations, Tamil Nadu Dr.Ambedkar Law University, MGR Salai Near Tharamani Railway Station, Perungudi Chennai 600 113.

3 The Principal Government Law College, Coimbatore 641 046.

... Respondents Prayer:- The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, directing the respondents to conduct the internal re-test exam in 5th semester taxation law paper in the light of the representation made by the petitioner dated 17.03.2021.

For Petitioner : Mr.S.Poornachandran For Respondent No. 1 & 3 : Mr.A.Selvendran, G.A.

For Respondent No.2 : Mr.Karthik Rajan

O R D E R

According to the petitioner, petitioner is pursuing 3rd Year L.L.B. (Final year) in the third respondent College. The third respondent College has conducted 5th Semester examinations along with internal test for ODD Semester through offline. The internal test for Taxation Law was conducted on 28.12.2021 through offline at the premises of Government Law College, Coimbatore. The petitioner bearing register No.318D0784 has not

appeared for the internal test in Taxation Law on 28.12.2021. According to the petitioner, she could not able to attend the internal test due to fever and also family situation and therefore, she made representation to the respondent seeking to conduct internal re-test in Taxation Law for the petitioner. Since no response from the respondents, the petitioner has preferred the present writ petition.

2. The learned Government Advocate appearing for the respondents 1 and 3 submitted that the petitioner approached the third respondent in person requested to conduct internal re-test for the subject viz., Taxation Law. There is no signature in the said request addressed to the third respondent. It is informed that the petitioner appeared for 5th Semester 3 year L.L.B. Course. Petitioner has to appear for 6th Semester final year examinations in the month of December 2021, by that time, the petitioner can also appear for 5th Semester internal test in Taxation Law along with other students appearing for the 5th Semester examinations. Therefore, internal test cannot be conducted for the petitioner alone and therefore, seeks dismissal of the writ petition.

3. Heard the learned counsel appearing for the petitioner, learned Govt. Advocate appearing for the respondents 1 & 3, counsel appearing for the second respondent and perused the materials available on record.

4. A perusal of the record shows that the respondents already conducted internal test for 5th Semester on 28.12.2020 however, the petitioner could not participate in internal test in Taxation law. The petitioner has to appear for 6th Semester examinations in the month of December, 2021. As rightly pointed out by the learned Government Advocate, the petitioner can participate in internal test on Taxation Law during the month of December, 2021 as the said internal test cannot be conducted for the petitioner alone.

5. Accordingly, the writ petition stands disposed of with the above observations. No Costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar vaan

To 1 The Director of Legal studies No.198 Puraisavakkam High Road Pavapuri Colony Lumbini Square Purasaivakkam, Chennai 600010.

2 The Controller of examinations, Tamil Nadu Dr.Ambedkar Law University, MGR Salai, Near Tharamani Railway Station, Perungudi Chennai 600 113.

3 The Principal Government Law College, Coimbatore 641 046.

+1cc to Mr.Karthik Rajan, Advocate, S.R.No.36126 +1cc to the Government Pleader, S.R.No.35932 W.P.No.9504 of 2021 NMI(CO) CS/19/08/2021