Pondicherry University v. Abhijeet S Panicker
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.03.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI Review Appln.(Writ) Nos.231 to 240 of 2022 in W.P.Nos.908, 880, 966, 949, 1025, 877, 1019, 875, 1023 & 954 of 2022
1. Pondicherry University, Represented by its Registrar, Pondicherry University, Kalapet, Puducherry-14
2. The Vice Chancellor-cum-Chairperson, Executive and Academic Council, Pondicherry University, Kalapet, Puducherry-14.
3. The Deputy Registrar (Academic) Pondicherry University, Kalapet, Puducherry-14.
.. Applicants/Respondents (in all Petitions) Vs.
1. Abhijeet S.Panicker
2. Shahid.K 3.Aravind.G 4.Nithin Krishna 5.Ajmal.V.R 6.Viswajith V Vinod 7.Tom K John 8.Abhivad M.S 9.Amith.V 10.Mohith.S .. Respondents/Writ Petitioners (in all Petitions) Prayer: These Review Applications have been filed under Order 47 Rule 1 Read with Section 114 of Civil Procedure Code to review the final order dated 03.02.2022 passed in W.P.Nos.908, 880, 966, 949, 1025, 877, 1019, 875, 1023 & 954 of 2022 on the file of this Hon'ble Court. For petitioner in all Review Applications : Mr.AR.L.Sundaresan, Additional Solicitor General assisted by Mr.M.Ravi, Senior Counsel
ORDER
These Review Applications are filed to review the final order dated 03.02.2022 passed in W.P.Nos.908, 880, 966, 949, 1025, 877, 1019, 875, 1023 & 954 of 2022 and dismiss the same.
2. When the matter is taken up for hearing, learned Additional Solicitor General appearing for the petitioners submitted that this Court vide order dated 03.02.2022 in the above Writ Petitions, had quashed the order of debarment and a fine of Rs.10,000/- was imposed on each student to be paid to the Pondicherry University towards the damages caused to the University due to their illegal act and on such payment, the Respondent University was directed to return the original documents and issue the Conduct Certificates to the students without any remarks. However, merely imposing a fine on the students will not be sufficient for the students to realize their mistake and therefore, it would be appropriate to direct them to seek apology by way of a letter to the Respondent University. Hence, this Court may direct the students to seek apology from the Respondent University for their act.
3. Learned Additional Solicitor General submits that the conduct of the students was wholly deprecatable and therefore mere imposition of fine would be insufficient and to that extent the order requires to be reviewed.
4. Though such a contention has been advanced, however, this Court is of the considered opinion that the fine which was imposed on the students itself is sufficient, as the said direction was issued in the interest of the students as well as the respondent university. Therefore, what the respondent seeks now is a re-visitation of the findings which is impermissible in a review and so long as there is no error apparent on the face of the record, review is impermissible. Therefore, any direction to the students to seek apology would be against the orders passed in the Writ Petitions which this Court cannot do. In such circumstances, the Respondent University is directed to issue the Conduct certificate in favour of the students without making any remarks within a period of two weeks from the date of receipt of a copy of this order.
5. Accordingly, these Review Applications are dismissed as there is
no error apparent on the face of the record. There shall be no orders as to costs.
15.03.2023 Index : Yes / No Internet : Yes / No NHS
M.DHANDAPANI, J.
NHS Review Appln.(Writ) Nos.231 to 240 of 2022 15.03.2023