Srivishnu.S v. The Commissioner Of Technical
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22-04-2024
CORAM
THE HONOURABLE MR.JUSTICE S.M. SUBRAMANIAM And WMP No.11039 of 2024 1.S.Srivishnu 2.C.Rubankumar 3.S.Manikandan 4.S.Balaji 5.S.Abishake .. Petitioners -vs1.The Commissioner of Technical Education, Directorate of Technical Education, No.53, Sardar Patel Road, Anna University, Guindy, Chennai-600 025.
[R-1 substituted vide order of Court dated 08.04.2024 made in WP No.10026 of 2024]
2.Karpagam Academic of Higher Education (KAHE), Represented by its Registrar/Dean, Pollachi Main Road, Eachanari Post, Coimbatore-641 021.
3.The Controller of Examinations, Karpagam Academic of Higher Education (KAHE), Pollachi Main Road, Eachanari Post, Coimbatore-641 021.
.. Respondents Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents to permit the petitioners to write the End/Final Semester Examination to be held from 12.04.2024 and also allow them to complete their Engineering Courses as per the academic year 2020-2024 without any remarks. For Petitioner :
Mr.M.R.Jothimanian For Respondent-1 :
Mr.D.Ravichander, Special Government Pleader.
For Respondents-2 and 3 :
Mr.Abishek Jenasenan
O R D E R
The Writ of Mandamus has been instituted to direct the respondents to permit the petitioners to write the Final Semester
Examination to be held from 12.04.2022 and allow them to complete their Engineering Courses as per the academic year 2020-2024 without any remarks.
2. The petitioners are studying B.Tech., and B.E. Courses respectively and they are the final year students of the second respondentEducational Institution.
3. A criminal case has been registered, admittedly, against the petitioners in FIR No.77 of 2024 dated 19.03.2024 on the file of Sundharapuram Police Station, Coimbatore City under Sections 294(b), 323 and 307 of IPC. The victim was admitted in the Intensive Care Unit (ICU) and the learned counsel for the petitioners now states that the victim was discharged from the hospital.
4. On account of registration of criminal case against the writ petitioners, the second respondent-Educational Institution not permitted the petitioners to write their Final Semester Examinations. Thus the present writ petition came to be instituted.
5. Pursuant to the interim order passed by this Court on 10.04.2024, the petitioners were permitted to write their Final Semester Examinations.
6. This Court directed the petitioners to be present before this Court along with their parents. As per the directions of this Court, today i.e., on 22.04.2024, the parents of the petitioners are present before this Court and they said that they have not committed any offence. However, the Police Authorities are bound to continue the investigation and file report before the Competent Criminal Court of Law by following the procedures.
7. As far as the relief sought for in the present writ petition is concerned, the petitioners along with their parents have given their respective undertakings before this Court that they will not involve in any such activities and they will complete their Courses in peaceful manner.
8. In the event of noticing any misconduct hereinafter, the second respondent-Educational Institution is empowered to initiate all appropriate actions by suspending these petitioners. The petitioners are
expected to maintain good conduct in the second respondent-Educational Institution and outside, at all times.
9. Considering the fact that the petitioners are young students and pursuing their B.Tech., and B.E. Courses, this Court is inclined to grant the relief as such sought for in the present writ petition.
10. Accordingly, the respondents are directed to evaluate the examination papers, declare the results along with the results of other students and allow the petitioners to complete their Courses in all respects.
11. With the above directions, the present writ petition stands allowed. However, there shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.
22-04-2024 Index : Yes/No Internet: Yes/No Speaking order/Non-Speaking order Svn
To 1.The Commissioner of Technical Education, Directorate of Technical Education, No.53, Sardar Patel Road, Anna University, Guindy, Chennai-600 025.
2.The Registrar/Dean, Karpagam Academic of Higher Education (KAHE), Pollachi Main Road, Eachanari Post, Coimbatore-641 021.
3.The Controller of Examinations, Karpagam Academic of Higher Education (KAHE), Pollachi Main Road, Eachanari Post, Coimbatore-641 021.
S.M.SUBRAMANIAM, J.
Svn WP 10026 of 2024 22-04-2024