S.Priya Shree v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.8.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P.No.22655 of 2015 and M.P.No.2 of 2015 S.Priya Shree Rep. by her Natural Guardian Somnath.J.

No.61-B North Street Muthuveerakandiyan patti, Avarampatti, Thanjavur-613 602.

...PETITIONER Vs.

1 The Secretary Tamil Nadu Engineering Admission Committee Anna University Chennai.

2 The Secretary to Government of Tamil Nadu School Education Department Secretariat Chennai-9.

3 The Principal Mepco Schlenk Engineering College (Autonomous) Sivakasi Mepco Schlenk Engineering College Post Virudhunagar District-5.

...RESPONDENTS Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari Mandamus, calling for the records relating to the impugned proceedings issued by the 1st respondent herein in Ref. No.567/ EA3/ 2015 dated 15.7.2015 and quash the same and consequently directing the 1st respondent to accept the petitioner daughter Name as S.Priyashree under the Communal Quota of Scheduled Caste of without insisting to carry out the Name correction in the TC (Transfer Certificate).

For Petitioner :

Mr.K.Shanmugam For Respondent No.1 :

Mrs.L.P.Shanmugasundaram For Respondent No.2 :

Mrs.P.Rajalakshmi, G.A.

O R D E R

A provisional allotment order was issued to the petitioner by the respondent No.1 to join B.Tech. (Bio Technology) under the communal (scheduled caste) quota based upon the marks obtained by her. However, a condition has been imposed that the petitioner will have to produce the corrected Transfer Certificate and Mark sheet on or before 25.7.2015 as a result of which petitioner could not join the third respondent College. The learned counsel for the petitioner submitted that a gazette notification has been duly produced by her. 2 It is not the case of the respondent that there is any other candidate available in the erstwhile name of S.Nirmala.

For such a procedural aspect, petitioner cannot be prevented from joining the College of the third respondent, more so, when she was allotted seat for the said course based upon the marks secured by her and under the reservation (Scheduled caste) quota. 3 Accordingly, the condition imposed on the petitioner is set aside and a direction is issued to the respondent to permit the petitioner to join and undergo course allotted to her in the respondent No.3 College subject to condition that the petitioner will have to produce the same before the respondent No.1 and 3 within a period of six months from the date of receipt of a copy of this order. On the failure to produce the same, the impugned order could be revived.

Accordingly the writ petition is disposed of. No costs. Consequently, connected M.P.No.2 of 2015 is closed. Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar

vaan To 1 The Secretary Tamil Nadu Engineering Admission Committee Anna University Chennai.

2 The Secretary to Government of Tamil Nadu School Education Department Secretariat Chennai-9.

3 The Principal Mepco Schlenk Engineering College (Autonomous) Sivakasi Mepco Schlenk Engineering College Post, Virudhunagar District-5.

1 CC to Mr.K.Shanmugam, Advocate SR.No. 45849 1 CC to Mrs.L.P.Shanmugasundaram, Advocate SR.No. 45938 W.P.No.22655 of 2015 and M.P.No.2 of 2015 AR II (CO) PSI (28.08.2015)