R.Balakrishnan v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.09.2024
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI and WMP.Nos.17762 & 17763 of 2024 R.Balakrishnan
...Petitioner
Vs.
1.
The Chairman, Admission Committee Tamil Nadu Veterinary and Animal Sciences University, (TANUVAS), Madhavaram Milk Colony, Chennai - 600 051.
2.
The Registrar, Tamil Nadu Veterinary and Animal Sciences University, Veppery, Chennai - 600 007.
...Respondents
Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the entire records relating to the impugned order passed by the 1st respondent in their E-mail dated 11.06.2024 and quash the same and consequently directing the respondents to accept uploading the petitioner's son B.Parthiban application for B.V.Sc. Course for the academic year 2024-2025 in the respondents university. 1/7
For Petitioner : Mr.C.Prakasam For Respondents : Mr.S.Vijakumar, Senior Counsel, for Mr.J.Melwin Jabaz
O R D E R
This Writ petition has been filed seeking quashment of the order passed by the 1st respondent in their E-mail dated 11.06.2024 and to consequently direct the respondents to accept uploading the application of the petitioner's son namely B.Parthiban for B.V.Sc. Course for the academic year 2024-2025 in the respondents university.
2. The case of the petitioner is that, his son namely B.Parthiban secured 544 out of 600 in +2 examination and he applied for admission for the course of B.V.Sc for the academic year 2024-2025, as he secured cut off mark of 196.5 for Veterinary University admission. Despite meeting the necessary cut off marks, as the application could not be uploaded, the petitioner's son sent an email to the 1st respondent, who in turn sent the present impugned communication dated 11.06.2024 stating that the application form not continue to complete due to date of birth issue and 2/7
further directed to refer the prospectus regarding age limit. Challenging the same, the petitioner has come up with this Writ petition.
3. Learned counsel for the petitioner submitted that, though the respondent university did not accept the online application of the petitioner's son for the course of B.V.Sc based on its prospectus, however, it is pertinent to note that in the said prospectus, it is only stated that the eligibility for applying to the course of B.V.Sc is 17 years and not that the candidate should have completed 17 years and the petitioner's son having born on 06.02.2008, he had attained 17 years and he is very much eligible for applying to the course of B.V.Sc and the 1st respondent had miserably failed to consider the same. Accordingly, he prayed for appropriate orders.
4. Learned Senior Counsel appearing on behalf of the respondents submitted that, the Clause 4.1.2. of the respondent university prospectus makes it clear that the candidate should have attained the age of 17 years as on 31.12.2024 and the Minimum and Maximum age limited has been fixed in accordance with the existing Regulations of Veterinary Council of India and relevant Government Orders in force and no age relaxation in respect of 3/7
minimum or maximum age limit is permissible. Thereby, the 1st respondent issued the impugned communication as the petitioner's son is not eligible to apply for the course of B.V.Sc for the academic year 2024-25, since the petitioner's son would have completed only 16 years 10 months and 26 days as on 31.12.2024, and the said communication of the 1st respondent is perfectly in order and the same does not warrants any interference of this Court. Accordingly, he prayed for dismissal of this Writ petition.
5. Heard learned counsel on either side and perused the materials available on record.
6. Challenging the email communication dated 11.06.2024 sent by the 1st respondent stating that, "Application form not continue to complete _ due to DOB issue - Please check the age limit details in the Prospectus", in and by which the application of the petitioner's son for the course of B.V.Sc for the academic year 2024-25 has not been accepted, the petitioner has come up with the present Writ petition.
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7. A perusal of the Prospectus issued by the Respondent university specifically the Clause 4.1.2. with regard to Admission to Under Graduate Degree Programmes 2024-25 at its University in respect of all categories makes it clear that, the candidate should have attained the age of 17 years as on 31.12.2024. While so, the petitioner's son having born on 06.02.2008, he would have not attained the age of 17 years as on 31.12.2024. Thereby, the 1st respondent, vide impugned email communication stated that the application of the petitioner's son for the course of B.V.Sc for the academic year 2024-25 cannot be accepted, in which, this Court does not finds any fault with, as the same is passed in line with its Prospectus, which was framed in accordance with the existing Regulations of Veterinary Council of India and relevant Government Orders in force. Further, even if the petitioner is aggrieved, he ought to have challenged the Prospectus issued by the Respondent University in respect of age limit instead of challenging the email communication sent by the 1st respondent. 5/7
8. In such view of the matter, no affirmative direction can be issued in favour of the petitioner, and thereby, this Writ petition stands dismissed. No costs. Consequently, the connected Miscellaneous petitions are closed. 25.09.2024 skt NCC : Yes/ No Speaking Order : Yes/ No Index : Yes/ No To 1.
The Chairman, Admission Committee Tamil Nadu Veterinary and Animal Sciences University, (TANUVAS), Madhavaram Milk Colony, Chennai - 600 051.
2.
The Registrar, Tamil Nadu Veterinary and Animal Sciences University, Veppery, Chennai - 600 007.
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M.DHANDAPANI, J.
skt and WMP.Nos.17762 & 17763 of 2024 25.09.2024 7/7