Minor Sachiv Bala Bv v. The Principal Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.06.2023 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P. Nos.16682, 16690 and 16693 of 2023 and W.M.P.Nos. 15974, 15984 and 15988 of 2023 Minor Sachiv Bala BV (aged about 17 years) Represented through his father and Natural Guardian, Mr.P.Balamurugan, G-1, Nova orchid Apartment, 25, Shanthi Nikethan Nagar, 9th Street, Mudichur, Chennai - 600 048.
... Petitioner in all W.P.s Vs.
1. The Principal Secretary, Department of Higher Education, Government of Tamil Nadu, Secretariat, Chennai - 600 009.
2. The Director of Collegiate Education, O/o.Director of College Education, Evk Sambath Building, College Road, Chennai.
3. The University of Madras, Rep. by its Registrar, Chepauk, Chennai - 600 005.
4. The Principal & Secretary, Madras Christian College (Autonomous), Tambaram East, Chennai - 600 059.
... Respondents in all W.P.s 1/7
Prayer in W.P.No.16682 of 2023: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus calling for the records of the fourth respondent in Department of Political Science, Provisional Admission List 2023-24, Stream:UG, Programme: BA, Group: Political Science (Part A) dated 19.05.2023 and Department of Political Science, Provisional Admission List 2023-24, Stream: UG, Programme: B.A Group : Political Science (Part B) dated 19.05.2023 and quash the same for not granting admission to the petitioner and consequently direct the fourth respondent to grant admission to the petitioner in the course of Undergraduation (Aided-Stream) in B.A. Political Science at the 4th respondent College.
Prayer in W.P.No.16690 of 2023: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus calling for the records of the fourth respondent in Department of Political Science, Provisional Admission List 2 2023-24, Stream:UG, Programme: BA, Group: Political Science dated 23.05.2023 and quash the same for not granting admission to the petitioner and consequently direct the fourth respondent to grant admission to the petitioner in the course of Under-graduation (AidedStream) in B.A. Political Science at the 4th respondent College. Prayer in W.P.No.
16693 of 2023: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus calling for the records of the fourth respondent in Department of Political Science, Provisional Admission List 3 2023-24, Stream:UG, Programme: BA, Group: Political Science dated 26.05.
Stream) in B.A. Political Science at the 4th respondent College. For Petitioner in all W.P.s : Mr.A.K.Athiban Vijay For R1 and R2 : Mr.P.Sathish, AGP For R4 : Mr.Ahisha Isaac for M/s.Isaac Chambers COMMON ORDER Since the issue involved in the present writ petitions are one and the same, they are disposed of by way of this common order.
2. It is the case of the petitioner that he chose to apply for the course of Under-graduation (Aided-Stream) in Political Science (B.A.) at the fourth respondent College. After perusing the eligibility criteria for applying for the said course in the website of the fourth respondent, the petitioner applied for the said course through the website of the fourth respondent. However, the fourth respondent, released the first, second and third Provisional Admission lists for the academic year 2023 - 2024 on 19.05.2023, 23.05.2023 and 26.05.2023, in which the petitioner's name was not mentioned. Despite the petitioner having requisite cut-off, the fourth respondent released the provisional lists excluding the name of the petitioner. Aggrieved over the said act, the petitioner sent emails dated 29.05.2023 and 30.05.2023 seeking clarification regarding the exclusion of the petitioner's name from the 3/7
admission lists. Since no response was forthcoming, the petitioner has filed the present writ petitions seeking the relief supra.
3. Learned counsel for the petitioner submits that though the petitioner was having requisite cut-off than the other students who belong to the Most Backward Class category, the fourth respondent released the provisional admission lists excluding the name of the petitioner is not sustainable. More over, it is evident from the admission provisional lists published by the fourth respondent that preference was given to the political science students which is arbitrary in nature. Hence, he prayed that this Court may quash the provisional admission lists dated 19.05.2023, 23.05.2023 and 26.05.2023 and for a consequential direction to the fourth respondent to grant admission to the petitioner in the aforesaid course.
4. On the above contentions heard the learned counsel appearing for the respective respondents and perused the materials place on record.
5. The case of the petitioner is that though he has the requisite cutoff, his name does not reflect in the provisional selection lists and that the grievance of the petitioner is that persons from the Political Science stream 4/7
have been given preference. Though such a stand is taken by the petitioner, however, there are no materials to show that any preference has been given to other students. Further, there is also no material to show that the persons, whose names reflect in the provisional lists have a cut-off far below the petitioner. Mere allegation of the petitioner that the persons in the provisional lists have cut-off below the petitioner cannot be a ground for this Court to interfere in the provisional lists. Further, the writ petitions also deserve to be dismissed for non-joinder of parties, as the persons, who have been provisionally selected have not been impleaded as respondents and in the absence of their impleadment, this Court cannot issue any direction quashing the provisional lists.
6. For the reasons aforesaid, these writ petitions deserve to be dismissed and accordingly, the same is dismissed. No costs. Consequently connected miscellaneous petitions are closed. 06.06.2023 1/2 (rap) Office to Note: Issue order copy today ie.,16.06.2023 Index : Yes / No Speaking order : Yes / No NCC : Yes / No 5/7
M.DHANDAPANI, J.
rap To
1. The Principal Secretary, Department of Higher Education, Government of Tamil Nadu, Secretariat, Chennai - 600 009.
2. The Director of Collegiate Education, O/o.Director of College Education, Evk Sambath Building, College Road, Chennai.
3. Registrar, The University of Madras, Chepauk, Chennai - 600 005.
4. The Principal & Secretary, Madras Christian College (Autonomous), Tambaram East, Chennai - 600 059.
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W.M.P.Nos.15973, 15983 and 15987 of in W.P. Nos.16682, 16690 and 16693 of 2023 M.DHANDAPANI., J.
Dispensed with for the present.
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