Sasikumar, v. The Registrar,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.11.2018

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P. No.29595 of 2018 and W.M.P. No.34562 of 2018 Sasikumar .. Petitioner -vs1.The Registrar, D.G.S.Dinakaran Salai, 2.The Controller of Examinations, D.G.S. Dinakaran Salai, 3.The Director, U.G. Courses, School of Excellence in Law, Perungudi, Chennai.

.. Respondents Prayer:

Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondents to permit the petitioner to complete the 5th semester of L.LB (Hons.) 3 years course by allowing the petitioner to appear in the ongoing examination and declaring the result by condoning his lack of attendance due to his medical condition pursuant to the petitioner's representation dated 02.11.2018. For Petitioner : Mr.G.Prabhu For Respondents : Mr.V.M.G.Ramakkannan

ORDER

The petitioner has come to this Court seeking a direction to the respondents to permit him to complete the 5th semester of L.LB (Hons.) 3 years course by allowing him to appear in the ongoing examination and declaring the result by condoning his lack of attendance due to his medical condition pursuant to his representation dated 02.11.2018.

2.The case of the petitioner is that he is studying 3rd year L.LB (Hons) Degree Course in School of Excellence in Law at Chennai. Before he had applied for the 5th semester examination, he was regularly attending the classes. Due to his ill health, namely, urinary infection, he was advised by the doctor to take rest for the period from 03.09.2018 to 24.09.2018 and hence, he did not attend the college for the above said period and underwent proper treatment. Thereafter, he had regularly attended the classes from 25.09.2018. While so, when he approached the third respondent, he was denied the hall ticket to write the 5th semester examination due to lack of attendance. Finally, the petitioner made a representation dated 02.11.2018 claiming the relief as prayed in this petition. Finding no response, he is before this Court.

3.Referring to the medical certificate issued by Dr.R.Jayakumar, M.D. (Ped), D.C.H., Child Health Consultant, Namakkal on 02.09.2018, learned counsel appearing for the petitioner submitted that the medical history of the petitioner has been noted in the medical certificate which shows that the petitioner was having acute urinary infection. 4.Learned Standing Counsel appearing for the respondents would submit that the medical certificate issued by the said Doctor is totally unreliable and unacceptable. 5.This Court is not able to accept the genuineness of the certificate issued by the said Doctor, since he is not a competent and eligible physician. As the petitioner is studying 3rd year L.LB (Hons) Degree Course in School of Excellence in Law at Chennai, it is not known how he can approach a Child Specialist for getting treatment for urinary infection. More over, the petitioner has not enclosed a copy of the prescription of the said Doctor. Hence, this Court is not inclined to accept the said certificate. Accordingly, the writ petition fails and the same is dismissed. No costs.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar vga To 1.The Registrar, D.G.S.Dinakaran Salai,

2.The Controller of Examinations, D.G.S. Dinakaran Salai, 3.The Director, U.G. Courses, School of Excellence in Law, Perungudi, Chennai.

+1cc to Mr.V.M.G.Ramakannan, Advocate, S.R.No.77123 W.P. No.29595 of 2018 and W.M.P. No.34562 of 2018 VSNII(CO) rrs 03/12/2018