K.Karmugilan, v. The Chief Secretary To Govt.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.04.2023

CORAM

THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P. Nos.32009 of 2017 and 29960 of 2019 and W.M.P. Nos.35166 and 35167 of 2017 K.Karmugilan ... Petitioner in both cases

Versus

1.The Chief Secretary to Government, Government of Puducherry cum Chairman, Pandit Jawaharlal Nehru College of Agriculture and Research Institute, Chief Secretariat, Puducherry-605 001.

2.The Dean, Pandit Jawaharlal Nehru College of Agriculture and Research Institute, Karaikal, Puducherry - 609 603.

.. Respondents 1 and 2 in both cases 3.The Registrar, Pondicherry University, Kalapet, Puducherry.

.. 3rd respondent in W.P. No.29960 of 2019 Prayer in W.P.No.32009 of 2017: Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order No.Edn./I B.Sc. (Ag.)/UTP-PS/Admn.2017-18/Cancel/2017 dated 28.11.2017 passed by 1/6

the second respondent and quash the same as arbitrary, unjust and against the principles of natural justice and consequently direct the respondents herein to readmit the petitioner in the B.Sc. Horticulture Course and allow him to attend the classes and take part in the examinations. Prayer in W.P.No.29960 of 2019: Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the third respondent to consider the petitioner's representation dated 31.12.2018 and to publish all the pending exam results of the petitioner for the B.Sc. Horticulture Course within a time frame fixed by this Court. For Petitioner in both cases :

Ms.V.Srimathi For Respondents :

Ms.Sharada Vivek, 1 and 2 in both cases Additional Government Pleader (Puducherry) For R3 in W.P. No.29960 of 2019 :

Mr.M.Ravi for R3 COMMON ORDER Since the issues involved in both the cases and the facts are one and the same and hence, the writ petitions are disposed of by way of common order.

2. W.P.No.32009 of 2017 has filed seeking to quash the impugned order dated 28.11.2017 passed by the second respondent and consequently, direct the respondents herein to re-admit the petitioner in the B.Sc. Horticulture 2/6

Course and allow him to attend the classes and take part in the examinations.

3. W.P.No.29960 of 2019 has filed seeking a direction to the third respondent to consider the petitioner's representation dated 31.12.2018 and to publish all the pending exam results of the petitioner for the B.Sc. Horticulture Course.

4. The case of the petitioner that the petitioner applied for Bsc. Horticulture in the second respondent institute and he was called for counselling on 29.08.2017 and after certificate verification, he was selected for said course, for which, the provisional admission order was also issued on 19.09.2017. The petitioner paid the fees and joined college and attended the classes. All of a sudden, on 28.11.2017, the second respondent issued the impugned order cancelling the admission granted to the petitioner stating that the admission was given to the petitioner was by oversight and inadvertence. Challenging the same, the petitioner has filed WP.No.32009 of 2017 before the Court. In view of the interim order passed by this Court, dated 11.10.2017, the petitioner has completed the course. However, the respondents have not published the result of the petitioner. Hence, the petitioner has filed another W.P.no.29960 of 2019 with the afore said prayer. 3/6

5. The learned counsel for the 3rd respondent submitted that the result was not published in view of the pendency of the WP.No.32009 of 2017. If the Court issues a direction, the third respondent will publish the result within the reasonable time as fixed by this Court.

6. Heard the learned counsel on either side and perused the materials available on record.

7. The facts of the case are not in dispute. Admittedly the petitioner has completed the course in the year 2019 in view of the interim order passed by this Court, but the result was not published till date. In such view of the matter, this Court directs the third respondent to publish the result of the petitioner and to issue a certificate to him, if he eligible, within a period of twelve weeks from the date of receipt of a copy of this order.

8. With the above directions, the writ petitions are disposed of. No costs. Consequently, connected miscellaneous petition is also closed. 21.04.2023 rli Index : Yes/No 4/6

To 1.The Chief Secretary to Government, Government of Puducherry cum Chairman, Pandit Jawaharlal Nehru College of Agriculture and Research Institute, Chief Secretariat, Puducherry-605 001.

2.The Dean, Pandit Jawaharlal Nehru College of Agriculture and Research Institute, Karaikal, Puducherry - 609 603.

3.The Registrar, Pondicherry University, Kalapet, Puducherry.

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M. DHANDAPANI, J rli W.P. Nos.32009 of 2017 and 29960 of 2019 21.04.2023 6/6