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Madras High CourtWP/11192/2019disposed of

K.Dinesh v. The Principal,

2019-04-24Honourable Dr Justice G. Jayachandran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 24.04.2019

CORAM

THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA W.P.Nos.11192, 11202 & 11205 of 2019 K.Dinesh .. Petitioner in W.P.No.11192/2019 C.Saravanan .. Petitioner in W.P.No.11202/2019 V.Arikrishnan .. Petitioner in W.P.No.11205/2019 Vs.

The Principal, Government Arts College for Men, 329, Anna Salai, Nandanam, Chennai - 600 035. .. Respondents in all W.Ps.

COMMON PRAYER : Writ Petitions filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the Respondent College to permit the petitioners to write their applied B.Com Degree (Corporate Secretaryship) & (Commerce) Semester Examinations - April, 2019 vide their Register Nos.321655, 311634 and 321603, respectively, by releasing their necessary online Hall Ticket.

For Petitioners in all W.Ps.

: Mr.R.Narayanan For Respondent in all W.Ps.

: Mr.V.Kadhirvelu Special Government Pleader (HR Edn) COMMON ORDER The students, who have been suspended by the College for their indisciplined action have moved this Court for issuance of writ of mandamus directing the respondentCollege to allow the petitioners to sit for the examination for applied B.Com Degree (Corporate Secretaryship) & (Commerce) Semester Examinations - April, 2019 by releasing their necessary online Hall Ticket.

2. Heard the learned counsel appearing on both sides.

3. The learned Special Government Pleader appearing for the respondent-College submitted that the students were suspended from the college for involving in some criminal

activities and the College Council has taken a decision based on the FIR filed against them on 29.03.2019. As per Rules and Regulations set out in the handbook of the respondent-college, any student involving in indisciplinary activities or criminal activities, the College Council has the complete power to take any disciplinary action and impose any punishment to an extent of even dismissing the student from the College.

4. The grievance of the petitioners is that the students were not even informed that they were suspended from the College. It was learnt only after they filed the writ petition from the other side. Though the examinations had commenced earlier and few examinations were over, the petitioners could not sit for the same because they could not get their Online Hall Ticket, as the same were blocked by the College. These students have enough attendance required to appear for the examinations. Therefore, there is no impediment for the petitioners/students to sit for the examinations.

5. As the petitioners/students are studying in the final year, this Court is of the opinion that they may be given a chance of writing the examinations. It is stated that the petitioners can appear only for those examinations for which, the dates are fixed in May, 2019. The other examinations are over. The petitioners/students are willing to write those examinations.

6. The respondent is directed to release the Online Hall Ticket forthwith enabling the petitioners/students to write the examinations, whichever is left out. They may also be permitted to write examinations in October, 2019 for those papers, which they could not write including arrears subjects.

7. This order is passed based on the representation made by the learned Special Government Pleader appearing for the College that the College was willing to give away the Transfer Certificate of the petitioners/students. As they are final year students, a chance may be given to them to realise their mistake by allowing them to write the examinations. Accordingly, the respondent-College is directed to issue Transfer Certificates and the Hall Tickets forthwith.

8. With the above directions, the writ petitions are disposed of. No costs.

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

rsi To The Principal, Government Arts College for Men, 329, Anna Salai, Nandanam, Chennai - 600 035.

+6ccs to Mr.R.Narayanan , Advocate SR.No. 39176 +1 cc to Government Pleader SR.NO. 39869 W.P.Nos.11192, 11202 & 11205 of 2019 A.SK(25/04/2019)