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Madras High CourtWP/11126/2021disposed of

G.Rakesh v. The Principal,

2021-05-13Honourable Mr Justice C.V. Karthikeyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.05.2021

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.No.11126 of 2021 and W.M.P.No.11769 of 2021 G.Rakesh ..Petitioner Vs 1.The Principal St.Thomas College of Arts and Science, No.140/8, St.Thomas Nagar, New Colony, Koyambedu, Chennai - 600 107.

2.The Registrar University of Madras, Chepauk, Chennai - 600 005.

3.The Controller of Examination, University of Madras, Chepauk, Chennai - 600 005.

..Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the respondents to consider the representation dated 07.04.2021 and permit the petitioner to continue B.Sc., Electronics Media III Year course (Register Number : 221811492) and forthcoming University Examination (2020-2021).

For Petitioner :

Mr.M.Anandaraj For Respondents:

Mr.Soundararajan for R1 Mr.L.P.Shanmugasundaram for R2 and R3

ORDER

Heard Mr.M.Anandaraj, learned counsel for the petitioner, Mr.Soundararajan, learned counsel for the first respondent and Mr.L.P.Shanmugasundaram, learned standing counsel for the University.

2. The writ petition has been filed in the nature of a mandamus seeking a direction to the respondents to consider the representation dated 07.04.2021 which had been given to the respondents herein. The petitioner is studying in B.Sc Electronics Media in third year with Register No.221811492. He has to attend university examination to be conducted in the

year 2020-2021. As a student of the first respondent, it is only expected that he pays the necessary fees as stipulated towards the course for which he has opted to join. That is an obligation inbuilt for joining the very course. Quite apart from payment of fees, there is also an obligation to attend classes and gain the necessary percentage of attendance, which will enable him to write the exams. I am not going deeply into the facts since he is a student, and it may not be proper to pass any remark as regards his academic qualifications.

3. Be that as it may, attention of this Court is drawn to the fee particulars, which had been filed by him and Mr.M.Anandaraj, learned counsel for the petitioner has drawn the attention to the fees receipt dated 04.02.2021, according to which, the petitioner herein had paid the tuition fees amounting to Rs.20,500/- and also V and VI semester fees amounting to Rs.41,000/- along with a fine of Rs.800/- totalling in all to Rs.62,300/-. This payment was on 04.02.2021. Subsequently, on 25.02.2021, the first respondent appears to have addressed the second respondent stating that the petitioner herein "has not paid the University exam fees as detailed below due to financial problem in the family". In fact, it had been stated that he had not paid the IV and V semester fees. He has also not paid the University exam fees. He has infact not applied for the University exams. The percentage of attendance has also been given.

4. Having heard the learned counsel, it would be appropriate in the interest of the education of the student and to ensure that if he is interested to get qualified in the course for which he has joined, the representation given by the the petitioner is examined by the respondents particularly the second respondent and if it is found that some more fees is due, a small window of six working days may be given to the petitioner herein to pay the said fees. Any other issue will have to be handled in accordance with the Rules of the second respondent. Let the representation be decided on or before 21.05.2021. If required, either through a phone call or through video conferencing, the petitioner may also be examined to determine the fees which he has actually paid and the fees which he has not paid and the fees which he should pay for which time may be granted till 31.05.2021. It is made clear that this is given taking into consideration the family circumstances of the petitioner herein as a special case.

5. The writ petition stands disposed of accordingly. No order as to costs. Consequently, connected miscellaneous petition is closed.

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

mmi/ssm To 1.The Registrar University of Madras, Chepauk, Chennai - 600 005.

2.The Controller of Examination, University of Madras, Chepauk, Chennai - 600 005.

3..The Principal St.Thomas College of Arts and Science, No.140/8, St.Thomas Nagar, New Colony, Koyambedu, Chennai - 600 107.

W.P.No.11126 of 2021 A.SK(18.05.2021)