Ms.Navya Ann Joby v. The Principal Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.04.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P. No.27778 of 2019 and W.M.P. No.3874 of 2020 Navya Ann Joby .. Petitioner Vs.
1.The Principal Secretary of Government, Higher Education Department, St. George Fort, Chennai - 600 009.
2.The Director, Academic Course, Anna University, Chennai - 600 025.
3.The Controller of Examinations, O/o The Controller of Examinations, Anna University, Chennai - 600 025.
4.MEASI Academy of Architecture, Association Gardens, No.87, Peters Road, Royapettah, Chennai - 600 014.
..Respondents
Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus directing respondents 2 to 4 to act upon the representation of the petitioner dated 03.01.2019 in accordance with law and consequently direct the second respondent to re-admit the petitioner in the fourth semester of the M.Arch (Real Estate Development) course in the fourth respondent Institution.
For Petitioner : Mr.T.Gowthaman For Respondents : Mr.K.MD.Muhilan, Additional Government Pleader for R1 Mr.U.Bharanidharan, Additional Government Pleader for R2 and R3
O R D E R
This petition has been filed seeking a direction to the respondents 2 to 4 to act upon the representation of the petitioner dated 03.01.2019 in accordance with law and consequently, direct the second respondent to readmit the petitioner in the fourth semester of the M.Arch (Real Estate Development) course in the fourth respondent Institution.
2. The case of the petitioner that she has completed her B.Tech in the year 2014 and preferred the post graduation in M.Arch Course in the 4th respondent Institute in the academic year 2014-2016. In the 4th semester, there was a lack in her attendance on account of her health issues and therefore, unable to attend her viva-voce. For the lack of attendnace, she submitted medical reports to the respondents 3 and 4 with a request to issue her hall-ticket to attend her viva-voce. However, she was not issued the hall-ticket. Thereafter, the petitioner met with an accident, in which, she could not rejoin the course till December 2018. Subsequently, she approached the 4th respondent Institution regarding her re-admission. In this regard, the 4th respondent forwarded her application to the third respondent and the same is pending. Hence, the petitioner made a representation to the respondents 2 to 4 to re-admit the petitioner in 4th semester of the M.Arch course in the 4th respondent Institution. However, till date, no action has been taken. Hence, the present writ petition.
3. The learned counsel for the petitioner submitted that this Court may issue a direction to the respondents to consider her representation and
pass appropriate orders within the stipulated period as fixed by this Court.
4. The learned Additional Government Pleader appearing on behalf of the respondents submitted that the representation will be considered and appropriate orders will be passed.
5. Heard the learned counsel on either side and perused the materials available on record.
6. considering the facts and circumstances of the case and in view of the limited request sought for by the petitioner, this Court directs the respondents 2 to 4 to consider the petitioners representation and pass appropriate orders, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.
7. With the above directions, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 11.04.2023
rli Speaking Order/ Non Speaking Order Index: Yes/ No To 1.The Principal Secretary of Government, Higher Education Department, St. George Fort, Chennai - 600 009.
2.The Director, Academic Course, Anna University, Chennai - 600 025.
3.The Controller of Examinations, O/o The Controller of Examinations, Anna University, Chennai - 600 025.
M.DHANDAPANI,J.
rli | 11.04.2023