S.Swaati Minor v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.10.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Writ Petition Nos.22993, 22995 and 22996 of 2021 and WMP Nos.24196, 24197 and 24198 of 2021 S.Swaati, Minor Rep.by her Father and Natural Guardian Mr.K.Selvakumar ....Petitioner in W.P.22993/2021 S.Shobika, Minor D/o Mr.A.Sivakumar ....Petitioner in W.P.22995/2021 A.Arooni Bharathi Minor Rep.by her Father and Natural Guardian Mr.Arularasu ...

Petitioner in W.P.22996/2021 -Vs1. The Secretary Higher Education Department Secretariat, Fort St.George Chennai.

2. The Secretary Directorate of Technical Education (DOTE) Tamilnadu Engineering Admission 2021 53, Sardar Patel Road Chennai - 600 025.

3. The Regional Officer Central Board of Secondary Education New No.3, Old No.1630A 'J' Block, 16th Main Road Anna Nagar West, Chennai 600 040.

....

Respondents in all WPs Prayer in W.P.No.22993 of 2021 : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 2nd respondent to consider the revised mark sheet dated 11.10.2021 issued by the 3rd respondent and revise the ranking and re-issue a fresh allotment based on merit.

Prayer in W.P.No.22995 of 2021 : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 2nd respondent to consider the revised mark sheet dated 11.10.2021 issued by the 3rd respondent and revise the ranking and re-issue a fresh allotment based on merit. Prayer in W.P.No.22996 of 2021 : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 2nd respondent to consider the revised mark sheet dated 11.10.2021 issued by the 3rd respondent and revise the ranking and re-issue a fresh allotment based on merit. For Petitioners in all Wps : Mr.S.Sheikh Ismail For Respondents in all WPs : Mr.A.Selvendran for R1 & R2 Government Advocate C O M M O N O R D E R The issue in all these writ petitions are common and hence the same are taken together, heard and disposed of through this common order.

2. All these writ petitions have been filed for a direction to the second respondent to consider the revised mark sheet issued to the petitioners on 11.10.2021 and to revise their ranking and re-issue fresh allotment based on merit.

3. Heard Mr.S.Sheikh Ismail, learned counsel for the petitioner and Mr.A.Selvendran, learned Government Advocate appearing on behalf of the respondents.

4. It is seen from records that the petitioners had joined private engineering colleges based on the marks secured by them initially. Thereafter, revised results were announced by the third respondent on 11.10.2021, wherein the petitioners have secured higher marks. Therefore, the petitioners want the revised marks to be taken into consideration and have requested for a direction to the second respondent to re-issue fresh allotment by taking into consideration the higher marks secured by the petitioners and to permit the petitioners to participate in the counselling to fill up the vacancies.

5. In the considered view of this Court, as per the revised academic calendar 2021-22 issued by the All India Council for Technical Education (AICTE) dated 13.08.2021, the last date upto which the first year students can be admitted against the vacancies is fixed as 25.10.2021. The respondents are bound to follow the AICTE guidelines and they cannot fill up any vacancy

beyond 25.10.2021. In view of this development, even though the petitioners have secured higher marks in the revised marks sheet issued by the third respondent, there is no scope for conducting any counselling and accommodating the petitioners in any other college based on the revised marks, since the last date for filling up the vacancy is already over on 25.10.2021. If there are any vacancies beyond 25.10.2021, it can only go unfilled and there is no scope for the respondents to fill those seats beyond 25.10.2021.

6. In view of the above, the relief as sought for by the petitioners cannot be granted by this Court. Accordingly, these writ petitions are dismissed. No costs. Consequently, connected miscellaneous petitions are also dismissed.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar KST To

1. The Secretary Higher Education Department Secretariat, Fort St.George, Chennai.

2. The Secretary Directorate of Technical Education (DOTE) Tamilnadu Engineering Admission 2021 53, Sardar Patel Road Chennai - 600 025.

3. The Regional Officer Central Board of Secondary Education New No.3, Old No.1630A 'J' Block, 16th Main Road, Anna Nagar West, Chennai 600 040.

+1CC to Mr.Government Pleader, Sr.No.55381 W.P.No.22993, 22995 and 22996 of 2021 NMI (CO) K.RK. (12.11.2021)