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Madras High CourtWP/17446/2025dismissed

Mohamed Haytham Elrayah Elshik v. The Registrar

2025-09-03Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.09.2025

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Mohamed Haytham Elrayah Elshik ... Petitioner Vs.

1.

The Registrar, Vels Institute of Science, Technology and Advanced Studies (VISTAS), Velan Nagar, P.V.Vaithiyalingam Road, Pallavaram, Chennai - 600 117.

2.

The Chancellor, Vels Institue of Science, Technology and Advanced Studies (VISTAS), Velan Nagar, P.V.Vaithiyalingam Road, Pallavaram, Chennai - 600 117.

... Respondents Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents to permit the petitioner to appear for the IV semester examinations scheduled from 14.05.2025 to 21.05.2025 and to make appropriate arrangements for the petitioner to reappear for the III semester examinations which he was previously not allowed to write and further direct the respondents to allow the petitioner to resume and continue his B.Sc Cyber Security Page Nos.1/6

course without reference to FIR No.728 of 2024, pending adjudication of the criminal case.

For Petitioner :

Mr.L.Thajuden For Respondents :

Mrs.V.Meenakshi Sundaram

O R D E R

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus, to direct the respondents to permit the petitioner to appear for the IV semester examinations scheduled from 14.05.2025 to 21.05.2025 and also to make appropriate arrangements for the petitioner to re-appear for the III semester examinations.

2. Heard the learned counsel on either side and perused the materials available on record.

3. According to the petitioner, he is a Non-Resident Indian (NRI) student and a citizen of Sudan and was admitted in the respondents University in B.Sc. (Cyber Security). On 06.11.2024, while accompanying one Alsmane to purchase household items, they were stopped by the Police for a routine vehicle checking. During the Page Nos.2/6

inspection, 50 grams of ganja was found in Alsmane's possession. Despite having no knowledge or involvement in the said incident, the petitioner was wrongfully implicated solely due to his presence. Consequently, a criminal case was registered against the petitioner in Crime No.728 of 2024 on the file of the Inspector of Police, Pallavaram Police Station and he was arrested and remanded to judicial custody, and later, he was released on bail. However, the respondents - University did not permit the petitioner to write III semester examinations. Hence, he made a representation dated 18.03.2025 seeking to permit him to continue and complete his studies but the same has not been considered by the respondents. When the IV semester examinations were scheduled from 14.05.2025 to 21.05.2025, the petitioner submitted another representation dated 23.04.2025 requesting permission to appear for the said examinations, but the same was rejected by the respondents vide letter dated 26.04.2025. Hence, the present writ petition.

3. The learned counsel appearing for the respondents submitted that the petitioner was found in possession of Ganja and that F.I.R in Crime No. 728 of 2024 on the file of the Inspector of Police, Pallavaram Police Station was registered under the NDPS Act against him. In Page Nos.3/6

pursuant to the registration of the F.I.R, the petitioner was arrested and remanded to judicial custody. Hence, the respondents rejected the request of the petitioner.

4. Considering the facts and circumstances and also considering the submission made by the learned counsel for the respondents, the prayer sought for in this writ petition cannot be considered and the same is liable to be dismissed.

5. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. That apart, it is seen that the fourth semester examinations have already been conducted and hence, the first limb of the prayer has become infructuous. There shall be no order as to costs. 03.09.2025 Index: Yes/No Speaking Order/Non-Speaking Order ms Page Nos.4/6

To 1.

The Registrar, Vels Institute of Science, Technology and Advanced Studies (VISTAS), Velan Nagar, P.V.Vaithiyalingam Road, Pallavaram, Chennai - 600 117.

2.

The Chancellor, Vels Institue of Science, Technology and Advanced Studies (VISTAS), Velan Nagar, P.V.Vaithiyalingam Road, Pallavaram, Chennai - 600 117.

Page Nos.5/6

G.K.ILANTHIRAIYAN, J.

ms 03.09.2025 Page Nos.6/6