Dr.Malti Gupta, v. Tamil Nadu Physical Education

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :20.03.2018

CORAM

THE HON'BLE MR.JUSTICE R.MAHADEVAN W.P.No.14442 of 2013 and MP.Nos.1 to 3 of 2013 1.Dr.Malti Gupta 2.Vijay Kumar Arora 3.Rajnee Chaudhry 4.Devendra Sing 5.Nagesh K.Bhaskar 6.Jaiprakash .. Petitioners vs 1.Tamil Nadu Physical Education and Sports University, rep.by its Vice Chancellor, Melakottaiyur, Chennai-600 127.

2.The Director, O/o. The Director of Distance Education, Tamil Nadu Physical Education and Sports University, Melakottaiyur, Chennai-600 127.

3.SIGFA Solutions rep.by its (Collaborative)Director Chandrasekar Tiwari, B-559, Ground Floor, Green Fields Colony, Faridabad, Haryana-121 003.

.. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus by calling for the records from the 1st respondent relating to the decision to discontinue M.Sc.Psycho-Neurobics (Lateral Entry) Course for 2012-13 as communicated through Email dt.08.05.2013 to the 3rd respondent and quash the same and consequently direct the respondents 1 and 2 to permit the petitioners to sit for 2nd year M.Sc.Psyco Nurobics Degrees under the Lateral entry for the year 2012-13 on 25.05.2013 or other date, issue them the Degree Certificates based on the results.

For Petitioners :

Mr.K.Srinivasa Murthy for Row and Reddy For R1 :

Mr.C.Munusamy, Special Government Pleader (Edn.) For R2 :

Mr.R.Gopinath

O R D E R

This writ petition has been filed to quash the communication dated 08.05.2013 issued by the 1st respondent to the 3rd respondent and to direct the respondents 1 and 2 to permit the petitioners to sit for 2nd year M.Sc. Psyco Nurobics Degree under the Lateral entry for the year 2012-13 on 25.05.2013 or any other date and issue them Degree Certificates based on the results.

2. Though the petitioners have sought for larger relief in this writ petition, the learned counsel for the petitioners, during the course of argument, submitted that now, the claim of the petitioners is only with regard to refund of the fee paid twice. Therefore, it would suffice, if the petitioners are permitted to submit a representation enclosing the documentary evidence in support of their claim and on such submission, the respondents may be directed to dispose of the same. 3.The learned counsel appearing for the respective respondents have no serious objection in granting such relief to the petitioners.

4.Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this Court permits the petitioners to submit a representation along with documentary evidence to the respondents within a period of two weeks from the date of receipt of a copy of this order. On such submission, the respondents are directed to consider the same and pass appropriate orders, on merits and in accordance with law, after affording an opportunity of personal hearing to the petitioners, within a period of four weeks thereafter.

5.Accordingly, this writ petition stands disposed of. No costs. Consequently connected miscellaneous petitions are closed. Sd/- Asst.Registrar (CS VII) /true copy/ Sub Asst. Registrar

To 1.The Vice Chancellor, Tamil Nadu Physical Education and Sports University, Melakottaiyur, Chennai-600 127.

2.The Director, O/o. The Director of Distance Education, Tamil Nadu Physical Education and Sports University, Melakottaiyur, Chennai-600 127.

+ 1 cc to Row and Reddy Advocate,SR.21078 + 1 cc to M/s.R.Gopinath Advocate,SR.21268 + 1 cc to The Govt.Pleader, SR.21442 W.P.No.14442 of 2013 gmi(co) nr 18/04/2018