S.Mercy v. The Vice Chancellor,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.01.2016

CORAM

THE HON'BLE MR. JUSTICE M.M.SUNDRESH W.P.No.40560 of 2015 S.Mercy ... Petitioner Vs.

1. The Vice Chancellor West K.K.Nagar,

2. The Director West K.K.Nagar,

3. The Controller of Examinations, West K.K.nagar,

4. The Principal, Arulmigu Meenatchi Nursing College, Enathur, Kanchipuram.

... Respondents Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus seeking direction to consider the petitioner's representation dated 15.12.2015 within stipulated period by the 2nd and 3rd respondents and consequently direct the respondents to issue 2014-2015 academic year B.Sc. Nursing degree revised mark sheet as pass on registration Number 4211014 to the petitioner. For Petitioner : Dr.G.Krishnamoorthy for Mr.G.M.Sankar For Respondents : Mr.K.R.Tamizhmani for R.1

O R D E R

The petitioner, who is a student, has come forward to file this writ petition seeking a direction to consider the

representation made on 15.12.2015 with a consequential direction to direct the respondents to issue 2014-2015 academic year B.Sc. Nursing degree with revised marks sheet.

2. The sum and substance of the case of the petitioner is that at the instance of the teachers, who are inimically disposed of towards her, she was penalised by the reduction of marks in the practical examination. The allegations made by the petitioner are denied in the counter affidavit filed by the 4th respondent, apart from indicating the alleged conduct on the part of the petitioner. This Court is not inclined to go into the said issue, as there is no material to support the contentions of the petitioner.

On an alternative plea made by the learned counsel for the petitioner, the learned counsel for first respondent fairly submitted that though the last date for payment of examination fee for writing the ensuing practical examination scheduled to be held in the month of February, 2016 is over, the petitioner may be permitted to so, subject to the condition she pays the examination fee on or before the 14th of this month. Learned counsel for petitioner submitted that the petitioner would do so. On such compliance by the petitioner, the 4th respondent is directed to permit the petitioner to write the ensuring examination. The writ petition is disposed of accordingly. No costs.

1. The Vice Chancellor West K.K.Nagar,

2. The Director West K.K.Nagar,

3. The Controller of Examinations, West K.K.nagar,

4. The Principal, Arulmigu Meenatchi Nursing College, Enathur, Kanchipuram.

+1 cc to M/s.G.M.Sankar, Advocate, sr.2372 W.P.No.40560 of 2015 ppa co kra 12.01.2016