S.Karthikeyan v. The Anna University,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.04.2019
CORAM
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.No.9672 of 2019 and W.M.P.No.10287 of 2019 S.Karthikeyan
...Petitioner
--Vs--
1. The Anna University, Rep by its Registrar, Anna University, Guindy Campus, Guindy, Chennai.
2. The Controller of Examination, Anna University, Guindy, Chennai ... Respondents Prayer: Writ petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to permit the petitioner to appear for ensuing examination by permitting the petitioner to appear for C.S.2403 Digital Signal Processing paper in the light of the guidelines issued by University Grants Commission in its proceedings D.O.No.F.12-1/2015 (CPP-II) dated 15.10.2015 as a special case. For Petitioner : Mr.K.Srinivansan, Senior Counsel for M/s.Ajmal Associates For Respondents 1 & 2 : Mr.L.P.Shanmugasundaram Standing Counsel
O R D E R
The petitioner is an Engineering student, who seeks permission to appear for the examination in C.S.2403 Digital Signal Processing paper, which is scheduled to be held on 23.04.2019.
2. The petitioner states that he is a National Level Chess player and since he had to travel a lot to actively participate in the game of chess, he could not attend his
semester examinations. It is stated that out of 44 theory papers in the entire engineering course, the petitioner could not write 10 papers and there was accumulation of arrears of 10 papers in the year 2013. During August-September 2018, he appeared in the arrear examinations and wrote 10 arrears papers, of which, he had passed 7 papers. As it is felt that there were lot of mistakes in the paper valuations, he applied for revaluation and had cleared 2 papers out of 3 arrear papers. Now, the only paper that has to be cleared is C.S.2403 Digital Signal Processing paper. Admittedly, there is a uniform span period for completing the programme and the instructions issued by the second respondent dated 15.04.2019 states that no more exams could be conducted for clearing arrear papers. While so, the petitioner had given a representation dated 19.03.2019. But, there was no response. Hence, the mandamus is now sought for.
3. The learned Standing Counsel appearing for the respondents had produced the written instructions from the University, which states that providing another chance to the student will go against the resolutions passed by the Syndicate of Anna University dated 10.08.2017. When a large number of students seeking permission from the University for another chance for writing examination, providing chance to this petitioner will go against the fairness and justice and also would open up the floodgate.
4. As the petitioner has got only one paper to complete his engineering course, which would enable him to become an engineering graduate, the respondent shall permit the petitioner as a special case for appearing the arrear examination of C.S.2403 Digital Signal Processing paper. As the examination is stated to be held on 23.04.2019 and a row of holidays commences from 17.04.2019 to 21.04.2019, the respondent is directed to consider the case of the petitioner sympathetically and pass appropriate orders on the petitioner's representation dated 19.03.2019 forthwith.
5. With the above direction, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar srn
To
1. The Registrar, Anna University, Anna University, Guindy Campus, Guindy, Chennai.
2. The Controller of Examination, Anna University, Guindy, Chennai.
+1cc to M/s.Ajmal Associates, Advocate, S.R.No.37450 W.P.No.9672 of 2019 in W.M.P.No.10287 of 2019 MG(CO) RRS(16/04/2019)