K. Sivakumar v. The Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :05.03.2018

CORAM

THE HON'BLE MR.JUSTICE R.MAHADEVAN W.P.No.31292 of 2015 1.K.Sivakumar 2.M.Gavashkar 3.A.M.Maheswari 4.R.Santhi 5.S.Prema 6.K.Arumugamsamy 7.R.Jamuna 8.V.Muniyaraj 9.G.Jagatheeshwari 10.R.Prathapkumar ..Petitioners vs 1.The Director, Directorate of Distance Education, Annamalai University, Annamalai Nagar, Chidambaram, Cuddalore District.

2.The Registrar, Annamalai University, Annamalai Nagar, Chidambaram, Cuddalore District.

3.The Controller of Examinations, Directorate of Distance Education, Annamalai University, Annamalai Nagar, Chidambaram, Cuddalore District.

.. Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the proceedings of the 3rd respondent in No.A/DE/B1-2/2015 dated 15.07.2015 and to quash the same as illegal, incompetent and ultravires and consequently direct the respondents to issue the degree certificates as B.Sc.(Chemistry) instead of B.Sc.(Applied Chemistry).

For Petitioners : Mr.R.Jayaprakash For Respondents : Mr.K.Sathishkumar for R1 to R3

O R D E R

This writ petition has been filed to quash the order of the 3rd respondent dated 15.07.2015 and to direct the respondents to issue degree certificates as B.Sc.(Chemistry) instead of B.Sc. (Applied Chemistry) to the petitioners.

2.Though the petitioners have raised very many averments challenging the order of the third respondent, the learned counsel for the petitioners submitted that the petitioners would be satisfied, if they are permitted to approach the authorities concerned by way of a fresh representation and on such approach, the respondents may be directed to dispose of the said representation.

3.The learned counsel appearing for the respondents has no serious objection in granting such relief to the petitioners. 4.Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this Court permits the petitioners to submit a fresh representation enclosing all the required documents along with a copy of this order to the authorities concerned within a period of two weeks from the date of receipt of a copy of this order. On such submission, the authorities concerned shall consider the said representation and pass appropriate orders on merits and in accordance with law, after affording an opportunity of personal hearing to the petitioner, within a period of six weeks thereafter.

5.Accordingly, the writ petition stands disposed of. No costs.

Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar kak

To 1.The Director, Directorate of Distance Education, Annamalai University, Annamalai Nagar, Chidambaram, Cuddalore District.

2.The Registrar, Annamalai University, Annamalai Nagar, Chidambaram, Cuddalore District.

3.The Controller of Examinations, Directorate of Distance Education, Annamalai University, Annamalai Nagar, Chidambaram, Cuddalore District.

+1cc to Mr.K.Sathishkumar, Advocate, S.R.No.16553 +1cc to Mr.R.Jayaprakash, Advocate, S.R.No.17032 W.P.No.31292 of 2015 AA(CO) RRK(26/03/2018)