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Madras High CourtWP/5381/2016disposed of

B.Gopinath v. The Director

2016-02-12Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.02.2016

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.5381 of 2016 B.Gopinath ... Petitioner Vs.

The Director Periyar Institute of Distance Education (PRIDE) Periyar Palkalai Nagar, Periyar University, Salem 636 011.

... Respondent Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus by calling for the records relating to the proceedings of the respondent dated 15.09.2015, quash the same and direct the respondent to issue: a)Course Completion Certificate; b)Provisional Certificate and b)Degree Certificate for Master of Social Work (MSW) PG Degree Course which was successfully completed by the petitioner in December, 2014 itself.

For Petitioner : Mr.K.Rajasekaran For Respondents : Mr.R.A.S.Senthilvel Additional Government Pleader

O R D E R

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

2.The present writ petition has been filed seeking a Certiorarified Mandamus by calling for the records relating to the proceedings of the respondent dated 15.09.2015, quash the same and direct the respondent to issue a)Course Completion Certificate; b)Provisional Certificate and c)Degree Certificate for Master of Social Work (MSW) PG Degree Course which was successfully completed by the petitioner in December, 2014 itself.

3.The petitioner would state that he was admitted into Master of Social Work (MSW) PG Degree Course in June, 2010 in the respondent University and he successfully completed his examinations and qualified for the degree in December, 2014 and he obtained first class. He would further state that at the time of paying the examination fees for writing the examinations, he has also paid a sum of Rs.550/- plus Rs.250/- for issuing the Course Completion Certificate so that after passing the examination, he could get his Degree certificate including the provisional certificate and course completion certificate and infact, without paying the above said Rs.800/-, the student will not be allowed to pay the examination fees alone and hence, the duty is cast upon the respondent to issue the certificates, but for the reason not known to the petitioner, the respondent did not come forward to issue the Course Completion Certificate, Provisional Certificate and Degree Certificate.

4.In this regard, the petitioner has also sent a representation on 03.09.2015 and the same was received on 07.09.2015, but the petitioner was issued with a very strange reply dated 15.09.2015, wherein, without discharging the duty, the respondent very curiously asked the petitioner to issue Course Completion Certificate and it is further stated in the reply that the petitioner has to pay the Course Completion Certificate fee of Rs.250/-. Infact the petitioner has paid the necessary fees, but inspite of the same, the respondent is sending only vague reply. Hence, the petitioner has approached this Court by way of this writ petition.

5.Heard the submissions of the learned counsel appearing for the petitioner and the learned Additional Government Pleader. 6.Considering the submissions made on either side, this Court is inclined to quash the impugned proceedings of the respondent dated 15.09.2015 and accordingly, the impugned proceedings of the respondent dated 15.09.2015 is quashed. The petitioner is directed to give a fresh representation to the respondent along with proof to show that necessary fees has been already paid and the respondent on receipt of the same is directed to consider the same and issue appropriate order with regard to issuance of a)Course Completion Certificate; b) Provisional Certificate and c)Degree Certificate for Master of Social Work (MSW) PG Degree Course, within a period of one week from the date of receipt of a copy of this order.

7.The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(VI) //True Copy// Sub Assistant Registrar pri To The Director Periyar Institute of Distance Education (PRIDE) Periyar Palkalai Nagar, Periyar University, Salem 636 011.

+ 1 cc to MR.K. Raja Sekaran, Advocate SR.9214 W.P.No.5381 of 2016 CA(CO) Eu 24.02.16