Madras High CourtWP/33666/2015disposed of

T.J.Balachander, (21) v. The Secretary To Government

2016-06-22Honourable Mr Justice M. Jaichandren4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.06.2016

CORAM

THE HON'BLE MR.JUSTICE M.JAICHANDREN W.P.No.33666 of 2015 1.T.J.Balachander 2.R.Arputharaja 3.D.Anantharaj 4.M.Pathesh Kumar 5.S.Naveen 6.P.Thirumurthy 7.S.Murali 8.M.Nandha Kumar 9.K.Vijayakumar 10.S.Karthik 11.P.Naresh Babu .. Petitioners Vs.

1.The Secretary to Government, Higher Education Department, Fort St. George, Chennai-09.

2.The Regional Director, AICTE, Shasthri Bhavan, Nungambakkam, Chennai.

3.The Director of Technical Education, Guindy, Chennai-25.

4.The Registrar, Guindy, Chennai-25.

5.The Director, Adidravidar Welfare Department, Ezhilagam, Chepauk, Chennai-9.

6.The Chairman of Vishnu Lakshmi College of Engineering and Technology, No.10/1, Gumber Street, Vellalore, Coimbatore-641 111.

7.The Director, Department of Students Affairs, Chennai.

(R-7 is impleaded suo motu as per order dated 22.6.2016) .. Respondents The writ petition is filed under Article 226 of the Constitution of India praying for the issue of a writ of mandamus, directing the third and fourth respondents to migrate all petitioners from the 6th respondent college to some other college under the control of respondents 2 to 4 along with tuition fee and other fees, scholarship amount received from the 5th respondent and all other original certificates, i.e., 10th, 12th mark sheet, transfer and community certificate received by the 6th respondent and cancel the recognition and approval of the 6th respondent and take action against 6th respondent. For Petitioners: Mr.R.Jaikumar for M/s.T.Fenn Walter Associates For Respondents: Mr.P.Karthikeyan, GA for RR1,3 and 5 Mr.L.P.Shanmughasundaram for R4 Mr.T.M.Hariharan for R-6

ORDER

Heard the learned counsel appearing on behalf of the petitioners, as well as the respondents.

This writ petition has been filed by the petitioners, raising various grounds, stating that several facilities have not been provided by the 6th respondent College to the petitioners, to pursue their engineering courses. Therefore, the petitioners have prayed that this court may be pleased to issue a Writ of Mandamus to direct the respondents 3 and 4 to pass an order to transfer the petitioners to some other college, under the control of the respondents 2 to 4.

At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the fourth respondent had submitted that the petitioners ought to have raised their grievances, if any, before the Director, Department of Students Affairs, Anna University, Chennai, who has been impleaded, suo motu, in this writ petition, as the 7th respondent, as the said authority is empowered to look into such matters and to pass orders thereon.

In view of the said submissions made by the learned counsel appearing on behalf of the fourth respondent, this Court finds it appropriate to permit the petitioners to make a representation before the 7th respondent, raising all their grievances, as stated in the present writ petition, within a period of fifteen days from the date of receipt of a copy of this order. On receipt of such representation, the 7th respondent shall consider the same and pass appropriate orders thereon, as expeditiously as possible, not later than six weeks thereafter, after conducting an enquiry, by giving sufficient opportunity of hearing to the petitioners, as well as the 6th respondent college.

The writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar vvk To 1.The Secretary to Government, Higher Education Department, Fort St. George, Chennai-09.