A.Sudharsan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.09.2024

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI A.Sudharsan

...Petitioner

Vs.

1.

The Commissioner, Directorate of Technical Education, Guindy, Chennai - 600 025.

2.

The Principal, Saveetha School of Engineering, Saveetha Institute of Medical and Technical Sciences, Saveetha Nagar, Thandalam, Chennai - 602 105.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 2nd respondent to cancel the Transfer Certificate dated 20.10.2023, actually served on the petitioner on 02.05.2024 and to permit the petitioner to continue and to complete B.E. (Computer Science Engineering) course of study, by accepting the Letter of apology and in consideration of representation submitted by the petitioner dated 27.02.2024.

For Petitioner : Mr.Jayamalan for Mr.S.Nedunchezhiyan For Respondent : Mr.K.Surendran, AGP, for R1 1/6

: Mr.P.Navaneethakrishnan, for R2

ORDER

This Writ petition has been filed seeking direction to the 2nd respondent to cancel the Transfer Certificate dated 20.10.2023 and to permit the petitioner to continue and complete B.E. (Computer Science Engineering) course of study, by accepting the Letter of apology and in consideration of representation submitted by the petitioner dated 27.02.2024.

2. The case of the petitioner is that, the petitioner was admitted to B.E. (Computer Science Engineering) course in the 2nd respondent Engineering college and when he was undergoing 3rd year B.E. (Computer Science Engineering) course in the year 2023-2024, due to alleged misbehaviour committed by the petitioner, the 2nd respondent issued Transfer Certificate dated 20.10.2023 which was served on the petitioner on 02.05.2024, stating that, the petitioner discontinued B.E. (Computer Science Engineering) on 11.10.2023 with black mark and that the petitioner is not qualified for higher studies and the petitioner's conduct and character is certified as fair. Upon receipt of the same, the petitioner continuously 2/6

approached the 2nd respondent and apologised for the alleged misbehavior committed by him and requested to permit the petitioner to attend classes and he also sent several apology letters and representations to that effect, which evoked no response and the petitioner was never allowed to attend the classes since 02.08.2023. Hence, this Writ petition.

3. Though very many grounds have been raised, learned counsel for the petitioner submitted that it would suffice if this Court issues direction to the respondent to consider the petitioner's apology letters dated 03.08.2023 and 28.02.2024 and also the representations dated 27.02.2024, 29.02.2024 & 11.03.2024 and permit the petitioner to continue and complete B.E. (Computer Science Engineering) course of study.

4. Learned counsel appearing on behalf of the respective respondents have no objection for the said order being passed and they fairly conceded that the petitioner's apology letters and representations will be considered and appropriate orders will be passed within the time stipulated by this Court.

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5. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case directs the 2nd respondent to consider the petitioner's representation dated 27.02.2024 and also the apology letters on merits and in accordance with law and pass appropriate orders, within a period of two weeks from the date of receipt of a copy of this order, after affording an opportunity of personal hearing to the petitioner and aggrieved persons, if any.

6. Accordingly, this Writ petition stands disposed of. No costs. 06.09.2024 skt Index : Yes/No Speaking order : Yes/No NCC : Yes/No To:

The Commissioner, Directorate of Technical Education, 4/6

Guindy, Chennai - 600 025.

M.DHANDAPANI , J.

skt 5/6

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