Venkat Deva v. The Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.10.2024
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI Venkat Deva
...Petitioner
Vs.
1.
The Director, Dr.M.G.R.Educational and Research Institute Deemed to be University, Periyar E.V.R.High Road, Maduravoyal, Chennai - 95.
2.
The Principal Cum Dean, Dr.M.G.R.Educational and Research Institute Deemed to be University, Periyar E.V.R.High Road, Maduravoyal, Chennai - 95.
3.
The Executive Director Legal, Dr.M.G.R.Educational and Research Institute Deemed to be University, Periyar E.V.R.High Road, Maduravoyal, Chennai - 95.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari Mandamus, calling for the records of the proceedings of the second respondent dated 28.05.2024 of Suspension Order and quash the same and consequently consider the representation dated 04.09.2024 in accordance with law.
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For Petitioner : M/s.S.Senthilvel
ORDER
This writ petition has been filed seeking to quash the proceedings of the second respondent dated 28.05.2024 and to consequently consider the representation dated 04.09.2024 in accordance with law.
2. Since no adverse order has been passed against the respondents, notice to the respondents is dispensed with.
3. It is the case of the petitioner that he is a first year student of the first respondent University. Due to an accident, he was not able to attend his first semester exams. On 23.05.2024, a false case has been foisted against the petitioner under the NDPS Act leading to arrest and judicial custody. Subsequently, the second respondent without conducting any preliminary enquiry, suspended the petitioner from the said University vide order dated 28.05.2024. Thereafter he was released on bail on 11.09.2024. Seeking to grant permission to attend the second semester examination, the petitioner made a representation dated 04.09.2024 before the respondents. However, the same was not considered. Challenging the impugned suspension order 2/6
dated 28.05.2024 passed by the second respondent, the present writ petition has been filed.
4. Though the present writ petition seeking the aforesaid relief, however at the time of arguments, the learned counsel for the petitioner restricted his prayer and sought a direction to the respondents to conduct the enquiry and pass appropriate orders within the time frame that may be stipulated by this Court.
5. Heard the learned counsel for the petitioner and perused the materials placed on record.
6. Considering the limited request sought for by the petitioner, this Court without going into the merits of the case, directs the respondent University to conduct enquiry as to whether the petitioner shall continue the said University or not and pass appropriate orders on merits and in accordance with law and after affording an opportunity of personal hearing to the petitioner as well as the aggrieved persons if any, within a period of four (4) weeks from the date of receipt of a copy of this order. 3/6
7. With the above directions and observation, this writ petition is disposed of. No costs.
03.10.2024 rap Index : Yes/No Speaking order : Yes/No NCC : Yes/No To:
1.
The Commissioner, Hindu Religious and Charitable Endowment Department, 119, Uthamar Gandhi Road, 4/6
Nungambakkam, Chennai.
2.
The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Kancheepuram - 631 501.
3.
The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Kancheepuram - 631 501.
4.
The Special Tahsilar, Hindu Religious and Charitable Endowment Department, Chengalpattu.
M.DHANDAPANI , J.
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