R.Ragadevan v. Dr. Navalar Nedunchezhiyan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.11.2016

CORAM:

THE HONOURABLE MR. JUSTICE B.RAJENDRAN W.P.No.40105 of 2016 & W.M.P.Nos.34154 & 34155 of 2016 R.Ragadevan ..

Petitioner Vs.

1. Dr.Navalar Nedunchezhiyan College of Engineering, Rep. by its Principal, Raja Nagar, Vaithiyanathapuram, Tholundhur, Cuddalore District - 600 303.

2. Anna University, Rep. by its Registrar/Controller of Examination, Guindy, Chennai - 600 025.

3. The Chief Secretary, Director of Students Affair, Chennai - 600 025.

..

Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus to call for the records of the first respondent vide impugned order dated 10.08.2016 and quash the same and consequently direct the respondents 1 to 3 to allow the petitioner to pursue his studies, appear for exams.

For Petitioner : Mr.N.Selvaraju For Respondents : Mr.L.P.Shanmugasundra Standing Counsel for R2 & R3

ORDER

Heard the learned counsel for the petitioner and the learned counsel appearing for the respondents and with the consent on either side, the writ petition is taken up for final disposal.

2. This Writ Petition has been filed to call for the records of the first respondent vide impugned order dated 10.08.2016 and quash the same and consequently direct the respondents 1 to 3 to allow the petitioner to pursue his studies and appear for exams.

3. The case of the petitioner is that the petitioner is studying B.E. (Mechanical Engineering) fourth year in the first respondent's college. Though the petitioner regularly attended the classes, his attendance was not properly accounted by the college. While so, the first respondent has issued the impugned order stating that the petitioner was denied to write the seventh semester exam and further stated that from the starting of the sixth semester itself the petitioner was irregular in attending the class till the end of the semester exam and due to his irregularities, the petitioner has only 65% of attendance and hence he is denied to write the sixth semester examination. Hence, the petitioner has come forward with the present Writ Petition to direct the respondent to write the sixth semester examination.

4. The learned counsel for the respondent stated that a student should have 75% of attendance to write the examination, but the petitioner has only 34% of attendance and hence he was denied permission to write the examination.

5. In view of the submissions of the learned Standing Counsel and taking note of the fact that the petitioner do not possess even minimum attendance to write the examination, this Writ Petition is dismissed. No costs. Consequently, the connected miscellaneous petitions are closed.

-sd/- Assistant Registrar / TRUE COPY / Sub-Assistant Registrar vrc To

1. The Principal, Dr.Navalar Nedunchezhiyan College of Engineering, Raja Nagar, Vaithiyanathapuram, Tholundhur, Cuddalore District - 600 303.

2. The Registrar/Controller of Examination Guindy, Chennai - 600 025.

3. The Chief Secretary, Director of Students Affair, Chennai - 600 025.

+1 cc to M/S.N.SELVARAJ Advocate SR.NO. 66025 +1 cc to M/S.L.P.SHANMUGASUNDARAM Advocate SR.NO. 66216 W.P.No.40105 of 2016 rp[co] RD 12/12/2016