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Madras High CourtWP/39254/2015dismissed as infructuous

P.I.Joseph, v. Annamalai University

2017-07-21Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.07.2017

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.39254 of 2015 and M.P.No.1 of 2015 P.I.Joseph ..Petitioner Vs.

1.Annamalai University, Annamalai Nagar,Chithambaram, Represented by its Registrar, Annamalai University

2. The Director, Directorate of Distance Education,

3. The Controller of Examination, Chithambaram. ..Respondents Prayer :

Writ petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, to direct the respondents to permit the petitioner to appear for the practical examination of the 1st year M.Sc., Applied Psychology along with forthcoming 2nd year M.Sc., Applied Psychology Practical examination.

For Petitioner:Mr.S.Muthukrishnan For Respondent :Mr.K.SatishKumar Standing Counsel, for R1 to R3

O R D E R

The petitioner seeks for a mandamus directing the respondents to permit the petitioner to appear for the practical examination of the 1st year M.Sc., Applied Psychology along with forthcoming 2nd year M.Sc., Applied Psychology Practical examination. This writ petition was filed on 18.11.2015 and while entertaining this writ petition, this Court has not granted any interim order protecting the interest of the petitioner.

2. Today, when the matter is listed for further hearing, the learned counsel for the first respondent / University, after filing a counter affidavit, submitted that the prayer sought for in this writ petition has become infructuous, since the examinations referred to in this writ petition are already over in respect of the academic year 2015-2016 & 2016-2017. Therefore, the petitioner has to apply for the examination and re-do his record work for the course of M.Sc., Applied Psychology afresh. The said contentions are stated in the counter affidavit filed by the first respondent.

3. Therefore, I find that nothing survives in this writ petition in respect of the practical examination for the academic year 2015-2016 and 2016-2017, to be adjudicated upon. However, it is open to the petitioner to apply afresh for doing such examinations by re-doing the record work as stated in the counter affidavit. If any such request is made, it is for the respondents University to consider and take appropriate decision in accordance with law. This writ petition is dismissed as infructuous, with the above observation.

No costs.

Consequently, connected miscellaneous petition is closed. Sd/- Asst.Registrar (CCC) /true copy/ Sub Asst. Registrar mk To

1. The Registrar, Annamalai Nagar,Chithambaram, Annamalai University

2. The Director, Directorate of Distance Education,

3. The Controller of Examination, +1cc to Mr.K.Sathishkumar,Advocate sr.51825 Writ Petition No.39254 of 2015 ssi(co) ss(9/8/2017)