Reeba Angelin v. The Registrar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.11.2015
CORAM
THE HONOURABLE MR. JUSTICE M.M.SUNDRESH W.P. No. 36180 of 2015 Reeba Angelin ..Petitioner Vs.
1.
The Registrar, University of Pondicherry, Kalapet, Pondicherry.
The Controller of Examination, University of Pondicherry, Kalapet, Pondicherry.
3.
The Dean, Mahatma Gandhi Medical College and Research Institute, Pillaiyarkuppam, Pondicherry.
..Respondents Prayer:
Petition under Article 226 of the Constitution of India praying for issue of a Writ of Mandamus directing respondents 1 and 2 to permit the petitioner to write the arrear papers in the forthcoming November/December, 2015 Exams, which is scheduled to commence from November, 17th and by granting sufficient opportunity in pursuant to the 2nd respondent Order No PU/CE/PS/2013 dated 07.06.2013 which enables the candidates who have exhausted their maximum stipulated period from completing their course and have not yet cleared all the papers to qualify for the degree.
For Petitioner ::
Mr.B. Balavijayan For Respondents ::
Mrs.A.V.Bharathy for R1 & R2 Mr.M. Govindaraj, Govt. Pleader for R3
O R D E R
The petitioner started her journey in her endeavour to become a Doctor in the year 2004. There was a break in between
and thus, the petitioner was unable to complete the course. She is in midway. Now, placing reliance upon the circular dated 07.06.2013, the petitioner has come forward to file this writ petition.
The circular dated 07.06.2013, relied upon by the petitioner, reads thus:
"In pursuance of the Academic Council resolution cited above, it is informed that the students of affiliated colleges of this University who have exhausted their maximum stipulated period for completing their courses and have not yet cleared all papers to qualify for the degree, are granted two more chances in the exam sessions of November/December, 2013 and May/June 2014 for completing their courses, irrespective of their batch, subject to the condition that they take up the equivalent papers where old titles of the subjects are not available.
The interested students may contact the Heads of the respective colleges/institutions within a month for sending exam applications and identifying the equivalent papers. This is purely a one-time measure to enable the students to complete their arrear papers and qualify for the degree concerned.
No further chance will be given under any circumstances and the students are advised to avail this opportunity."
A perusal of the said circular would show that it is only a concession shown to the students, who have been struggling to complete their course as a last opportunity. The said concession came to an end by May/June, 2014. Therefore, the petitioner does not have any legal right, as of now, to seek concession relying upon the circular and this Court is unable to lend a helping hand to the petitioner. Hence, the writ petition is dismissed. However, the dismissal of this writ petition will not stand in the way of the petitioner in approaching respondents 1 and 2 with a request to extend the benefit of the above said circular. As and when such a request is made, it is open to respondents 1 and 2 to consider the same, notwithstanding the dismissal of this writ petition. No costs. sd/ ASSISTANT REGISTRAR(CO) /TRUE COPY/ SUB-ASSISTANT REGISTRAR nv
To 1.
The Registrar, University of Pondicherry, Kalapet, Pondicherry.
The Controller of Examination, University of Pondicherry, Kalapet, Pondicherry.
3.
The Dean, Mahatma Gandhi Medical College and Research Institute, Pillaiyarkuppam, Pondicherry.
+1 CC to Mrs.A.V.Bharathy Advocate. SR.NO. 61349 W.P. No. 36180 of 2015 CO-KJI JD 25/11/2015