P.Balamurugan, v. The Chairman,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 28.02.2018 Coram THE HONOURABLE Mr. JUSTICE K.K.SASIDHARAN AND THE HONOURABLE Mr. JUSTICE P.VELMURUGAN W.A.No.846 of 2013 1.P.Balamurugan 2.K.Rajaprian 3.M.Bagyaraj 4.C.Singaraja 5.R.Muthukumarasamy 6.K.Suganraj 7.G.Gnanachandrasamy 8.C.Dushiyanthan .. Appellants/Petitioner Vs.

1.The Chairman University Grants Commission Bahadur Shah Zaffar Marg New Delhi 110 002.

2.State of Tamil Nadu Rep. by its Secretary to Government Higher Education Department Secretariat Fort St.George, Chennai 600 009.

3.The Vice Chancellor Bharathiar University Coimbatore 641 046.

..

Respondents Writ Appeal filed under Clause 15 of Letters Patent to setaside the order dated 13.02.2013 made in W.P.No.27893 of 2012, on the file of this Court to issue a Writ of Mandamus directing the 3rd respondent to conduct the State Eligibility Test 2012 for the subject of Geology within a Reasonable time fixed by this Court.

For Appellants : Ms.R.Gobika For R2 : Mr.K.Karthikeyan Government Advocate For R3 : Mr.M.Elumalai For R1 : P.R.Gopinathan

J U D G M E N T

[Judgment of the Court was delivered by K.K.SASIDHARAN, J.] The writ petition filed by the appellants for issuance of a Writ of Mandamus directing the Vice Chancellor, Barathiyar University to conduct the State Level Eligibility Test for the subject of Geology was dismissed on the basis of the statement made by the learned Standing Counsel for the University that the University has already conducted the test and results were published.

2. The appellants have come up with a grievance that there was no test for the subject Geology and as such, the University was not correct in its statement that the test has already been conducted.

3. In view of such contention, we directed the learned Standing Counsel for Mother Teresa University to take instructions as to whether there is any possibility of conducting examination in the subject for Geology.

4. When the appeal was taken up for hearing, the learned Standing Counsel, by producing a copy of the prospectus for the year 2018-2019 submitted that the subject Geology has also been included under the subject "Earth Sciences" and that it would be open to the candidate who is qualified in Geology to appear for the examination, as she would qualify under the term "Earth Sciences". In view of the clarification given by the University with respect to the conduct of the Tamil Nadu State Eligibility Test for the year 2018, nothing survives for adjudication in this intra court appeal.

The intra court appeal is disposed of with the above observation. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar gms To

1.The Chairman University Grants Commission Bahadur Shah Zaffar Marg New Delhi 110 002.

2.The Secretary to Government State of Tamil Nadu Higher Education Department Secretariat Fort St.George, Chennai 600 009.

3.The Vice Chancellor Bharathiar University Coimbatore 641 046.

+1cc to Mr.S.Sathia Chandran, Advocate, S.R.No.15949 +1cc to Mr.P.R.Gopinathan, Advocate, S.R.No.15518 +1cc to the Government Pleader, S.R.No.15928 W.A.No.846 of 2013 GJII(CO) RRK(04/04/2018)