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Madras High CourtWP/4605/2016disposed of

Pakkirisamy v. The Principal

2016-02-08Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.02.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.4605 of 2016 and W.M.P.No.3965 of 2016 Pakkirisamy ... Petitioner vs.

1.The Principal, Government I.T.I. Nagapattinam, Nagapattinam District.

2.The Director, Department of Employment and Training, Guindy Industrial Estate, Guindy, Chennai-112.

... Respondents Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the respondents herein to consider the representation dated 28.1.2016 and direct the first respondent herein to return back hall ticket of the son of the petitioner herein to the son of the petitioner viz., Pradeep and allow him to continue his studies.

For Petitioner :

Mr.S.Madhusudanan For Respondents :

Mr.M.Dig Vijaya Pandian, Addl. Govt. Pleader

ORDER

By consent, the main writ petition itself is taken up for final disposal.

2. The petitioner has come up with the present writ petition for a mandamus, directing the respondents herein to consider the representation of the petitioner dated 28.1.2016 and direct the first respondent herein to return back the hall

ticket of his son Pradeep and allow him to continue his studies.

3. It is the case of the petitioner that his son Pradeep is studying I Year in the first respondent college and his Enrollment number is 00150833189866. Now, he has completed his first semester successfully and he is in the second semester of the I year. Even though he has passed in the first semester examinations, his mark statement of the first semester has not been issued to him till today. While so, he paid the fee of Rs.700/- for the second semester and got his hall ticket from the first respondent. On 21.1.2016, when he went to attend the practical examination, the first respondent received his hall ticket and sent him out from the examination hall stating that he has not completed 15 years of age. Since the second semester examinations will be conducted from 10.2.

2016, the petitioner has given a representation to the respondents on 28.1.2016 requesting them to return the hall ticket issued by his son and permit him to write the examinations. But, till date, no action was taken by the respondents on the said representation. Hence, the petitioner has come up with the present writ petition for the relief set out earlier.

4. Learned Additional Government Pleader appearing for the respondents, on instructions, submitted that at the time of admission, the petitioner's son was under age and that is the reason, he was not allowed to write the examinations and his hall ticket was withheld by the respondents. Thus, he prays for the dismissal of the writ petition.

5. Irrespective of the submissions made on either side, I am of the opinion that the present writ petition has been filed only to consider the representation of the petitioner dated 28.1.2016. Hence, without going into the merits of the claim made by the petitioner, this Court directs the first respondent to consider the representation of the petitioner dated 28.1.2016 and pass appropriate orders, on merits and in accordance with law, on or before 9.2.2016. The writ petition is disposed of accordingly. No costs.

Consequently, connected miscellaneous petition is closed. -s/dAssistant Registrar True Copy Sub-Assistant Registrar sbi

To 1.The Principal, Government I.T.I. Nagapattinam, Nagapattinam District.

2.The Director, Department of Employment and Training, Guindy Industrial Estate, Guindy, Chennai-112.

+1 cc to Mr.S.Madhusundanan Advocate sr.8024/16 W.P.No.4605 of 2016 aa08/02/2016