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Madras High CourtWP/24114/2021dismissed

Minor Neha Suzanne v. The Director

2021-11-11Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.11.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.24114 OF 2021 AND W.M.P.NO.25412 OF 2021 Minor Neha Suzanne Rep. by her mother Mrs.Beula Ajit 82, Union Road, Maduravoyal, Chennai-600 095. ... Petitioner .Vs.

1. The Director, Tamil Nadu Engineering Admissions Directorate of Technical Education, Guindy, Chennai - 600 032.

2. The Secretary, Tamil Nadu Engineering Admissions Directorate of Technical Education, Guindy, Chennai - 600 032.

3. Anna University, Rep. by its Registrar, Guindy, Chennai - 600 032.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents herein to admit the petitioner's daughter Ms.Neha Suzanne in BE Computer Science as per the revised rank list issued by the respondents.

For Petitioner : Mr.S.Thirumavalavan For Respondents : Mr.U.Bharanidharan for R1 and R2 Government Advocate Mr.Vijayakumar for R3

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the respondents to admit the petitioner in BE Computer Science as per the revised rank list issued by the respondents.

2.The case of the petitioner is that the petitioner completed her XII Standard in CBSE stream at Velammal Vidyalaya, Mel Ayanambakkam and secured 453 out of 500 marks. Since the marks awarded by the CBSE was very low, the petitioner's parents submitted the same to the School and at the instance of the School, CBSE revised the marks. As per the revised marks statement, the petitioner secured 471 out of 500. In the meanwhile the respondents commenced admission for Engineering and they refused to grant admission to the petitioner in Anna University and other Government Colleges. In this regard, the petitioner's parents submitted representation to the respondents and since there was no action, the petitioner has filed this writ petition.

3.The learned counsel appearing for the petitioner would submit that as per the revised mark statement, the petitioner secured 471 out of 500 and she is entitled for admission in Anna University, however, till date the application made by her was not considered and hence, this Court may issue direction to the respondents to pass appropriate orders.

4.The learned Government Advocate appearing for the respondents 1 and 2 would submit that the Tamil Nadu Engineering Admission (TNEA) published rank list as per the tentative schedule on 14.09.2021 and the online counselling was conducted from 17.09.2021 and the rank list was revised on 02.10.2021 based on the improvement/ re-examination results published by CBSE on 29.09.2021. Again the rank list was revised on 10.10.2021, based on the compartment exam results published by CBSE on 09.10.2021 and once again the rank list was revised on 14.10.2021 based on the dispute results published by CBSE on 11.10.2021.

5.The learned Government Advocate appearing for the respondents 1 and 2 would further submit that based on the revised rank list, the students participated in the online

counselling as per the schedule and got their seats allotted in the Engineering Colleges. The petitioner already participated in the second round of counselling with her 177.5 cut off marks and she could not get any allotment as per her merit and she had given only very few choices. Thereafter the petitioner was allowed to participate in the fourth round of counselling according to merit but the petitioner did not participate. Further the whole process of counselling for B.E./ B.Tech was completed on 25.10.2021 and in case of further revision it will affect the career of large number of students who have been allotted and joined in the respective Colleges. 6.Heard the submissions made by the learned counsel appearing for the petitioner, the learned Government Advocate appearing for the respondents 1 and 2 and the learned counsel appearing for the third respondent.

7.Admittedly, the petitioner completed her XII Standard in CBSE stream at Velammal Vidyalaya, Mel Ayanambakkam and secured 453 out of 500 marks. Since the marks awarded by the CBSE was very low, the petitioner's parents submitted the same to the School and at the instance of the School, CBSE revised the marks. As per the revised marks statement, the petitioner secured 471 out of 500. In the meanwhile the respondents commenced admission for Engineering.

8.The Tamil Nadu Engineering Admission (TNEA) published rank list as per the tentative schedule on 14.09.2021 and the online counselling was conducted from 17.09.2021 and the rank list was revised on 02.10.2021 based on the improvement/ re-examination results published by CBSE on 29.09.2021. Again the rank list was revised on 10.10.2021, based on the compartment exam results published by CBSE on 09.10.2021 and once again the rank list was revised on 14.10.2021 based on the dispute results published by CBSE on 11.10.2021.

9.Based on the revised rank list, the students participated in the online counselling as per the schedule and got their seats allotted in the Engineering Colleges. The petitioner already participated in the second round of counselling with her 177.5 cut off marks and she could not get any allotment as per her merit and she had given only very few choices. Thereafter the petitioner was allowed to participate in the fourth round of counselling according to merit but the petitioner did not participate. Further the whole process of counselling for B.E./ B.Tech was completed on 25.10.2021.

10.Without participating in the fourth round of counselling and making representation to the respondents on 12.10.2021 and preferring this writ petition on 25.10.2021 when the whole

process of counselling for B.E./ B.Tech was completed is not sustainable. Hence, the relief sought for by the petitioner cannot be considered.

11.The writ petition is accordingly dismissed. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar pri To

1. The Director, Tamil Nadu Engineering Admissions Directorate of Technical Education, Guindy, Chennai - 600 032.

2. The Secretary, Tamil Nadu Engineering Admissions Directorate of Technical Education, Guindy, Chennai - 600 032.

3. The Registrar, Anna University, Guindy, Chennai - 600 032.

+1cc to Mr.S.Thirumavalavan, Advocate, S.R.No.58433 +1cc to Mr.Vijayakumar, Advocate, S.R.No.58365 +1cc to the Government Pleader, S.R.No.58514 W.P.No.24114 of 2021 And W.M.P.No.25412 of 2021 PM(CO) PM/19/01/2022