Syed Affan v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.08.2023

CORAM

MR.JUSTICE N.SESHASAYEE Syed Affan ... Petitioner in W.P.22738/2023 Ashvi Dubey ... Petitioner in W.P.22762/2023 Vs.

1.The Secretary Government of India Ministry of Education Department of Technical Education New Delhi 110001 2.The Director The Directorate of Technical Education No.53, Sardar Patel Road Anna University Guindy, Chennai 600 032 3.The Director (UG Admission) Vellore Institute of Technology VIT, Vellore Campus, Tiruvalam Road Katpadi, Velore, Tamil Nadu 632014 ... Respondents in both W.Ps.

PRAYER in W.P.No.22738 of 2023: The writ petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the 3rd 1/4

respondent to reserve one seat in "B.Tech. (Electronics and Communication Engineering)" for the petitioner till the results of improvement exam is declared. PRAYER in W.P.No.22762 of 2023: The writ petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the 3rd respondent to reserve one seat in "B.Tech. Computer Science and Engineering (Block Chain Technology)" for the petitioner till the results of improvement exam is declared.

For Petitioner : Mr.A.Syed Kaleesha For Respondent : Ms.A.Anuradha Central Govt. Standing Counsel - R1 Mr.A.Anandan Government Advocate - R2 COMMON ORDER By consent, these writ petitions are taken up for final disposal at the admission stage itself.

2.These two petitions are filed by two students, who seek admission to B.Tech course and want this Court to reserve seats during counselling in anticipation of good marks that they might score in their improvement exams that they have 2/4

written. In other words, till the results of the improvement exams are out, they want a seat to be reserved for them.

3.Mrs.A.Anuradha, the learned Central Government Standing Counsel has taken notice for the 1st respondent. Mr.A.Anandan, the learned Government Advocate has taken notice for the 2nd respondent.

4.Even prima facie this Court is not on the same page with the petitioner. After all, there are thousands of students who have performed well in their first attempt and they are already standing in the queue for getting into the Engineering Course. If this Court were to consider the prayer of the petitioners seriously, it will amount to giving them an undue preference and privilege as if they are above their equals. This is unconscionable to the conscience of this Court. 5.In view of the same, this Court does not consider that it is a fit case where the Court can help the petitioners. Good Luck to the petitioners. 3/4

N.SESHASAYEE, J.

kas 6.This writ petition stands disposed of accordingly. No costs. 02.08.2023 kas Index : Yes / No To 1.The Secretary Government of India Ministry of Education Department of Technical Education New Delhi 110001 2.The Director The Directorate of Technical Education No.53, Sardar Patel Road Anna University Guindy, Chennai 600 032 3.The Director (UG Admission) Vellore Institute of Technology VIT, Vellore Campus, Tiruvalam Road Katpadi, Velore, Tamil Nadu 632014 4/4