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Madras High CourtWP/23308/2015dismissed

The Correspondent v. The Directorate General

2015-08-04Honourable Mr Justice M.M.Sundresh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 04.08.2015

CORAM

THE HONOURABLE MR.JUSTICE M.M. SUNDRESH W.P.No.23308 of 2015 and M.P.No.1 of 2015 The Correspondent M/s. Kamatchi Industrial Training Centre Sekkupettai Saliya Street Kancheepuram Kancheepuram District ... Petitioner - Vs -

1. The Directorate General Employment and Training Ministry of Labour and Employment Training Shram Shakti Bhawan, Rafi Marg New Delhi

2. The Director, Employment & Training, Guindy, Chennai-600 032.

3. The Regional Joint Director, Chennai Region, Employment & Training, Guindy, Chennai-600 032.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus forbearing the second and third respondents herein from interfering with the right of the students of the petitioner institutes to undertake their IInd semester of the 2014-2016 batch of students and the supplementary exams of the IIIrd semester and the regular IVth semester exams of the students of the 2013-2015 batch as per the annexure. For Petitioner : Ms.G.Thilakavathi For Respondents : Mr.R.Vijayakumar (R2 and R3) Additional Government Pleader

ORDER

Heard both sides.

2. The petitioner is a training centre. The grievance of the petitioner is that an attempt have been made by the respondents 2 and 3 by making the students to attend the examination at Annai Anjugam Thirumana Mandapam, Kancheepuram is against the earlier decision made to have the examination centre at Kumaran College of Education, Vellore.

3. The learned counsel for the petitioner submitted that the petitioner has not been given any prior intimation regarding the change of venue of examination from Kumaran College of Educatioin, Vellore to Annai Anjugam Thirumana Mandapam, Kancheepuram. Though the Hall Ticket discloses the name of the examination centre as Kumaran College of Education, Vellore, the respondent's decision to change the same, without putting the petitioner on notice cannot be accepted.

4. The learned Additional Government Pleader appearing for the respondents 2 and 3 has submitted that admittedly the petitioner institute is situated at Kanchipuram and students are residing at Kanchipuram. Therefore, it would be very difficult for the students to travel to Vellore to write examination. The students being poor apart from the stress would suffer financial loss, if the examination centre is at Vellore. The examination Centre now chosen at Kancheepuram is only 0.05 kms from the petitioner's institute and therefore the students need not travel much distance. It is further submitted that even in the Hall Ticket it is mentioned that the examination centre will be subject to change and therefore no interference is required.

5. The decision on administrative grounds should be left at the hands of the authorities concerned. It is seen that in the Hall ticket, it is clearly mentioned that examination centre might be changed . The respondent have taken into consideration the necessity of students and decided to have it at Kanchipuram which is admittedly 05 kms from the petitioner's institute. As the decision of the Respondent was made to benefit the trainees, this Court finds no reason to interfere with the same.

In view of the same, this Writ Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. -s/dAssistant Registrar(CO) dt:16/09/2015 True Copy Sub-Assistant Registrar

To

1. The Directorate General Employment and Training Ministry of Labour and Employment Training Shram Shakti Bhawan, Rafi Marg New Delhi

2. The Director, Employment & Training, Guindy, Chennai-600 032.

3. The Regional Joint Director, Chennai Region, Employment & Training, Guindy, Chennai-600 032.

+1 cc to Mr.S.G.Thilakavathi Advocate sr.40271 +1 cc to Government Pleader sr.40436 W.P.No.23308 of 2015 aa18/09/2015