Athipathy Kamesh v. The Department Of Higher Education
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.03.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Athipathy Kamesh .. Petitioner Vs 1.The Department of Higher Education, Represented by its Secretary, College Road, Chennai-600 006.
2.The Registrar, Madurai Kamaraj University, Madurai-625 021.
3.The Principal and Secretary, The American College, Madurai-625 002.
4.The Controller of Examinations, Office of the Controller of Examinations, The American College, Madurai-625 002.
5.The Head of the Department, The Department of Commerce (Self Finance), The American College, Madurai.
.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 2 to 5 herein to declare the petitioner's examination results of two subjects, Vaniga Kaditha Thodar-I and Business Environment and consequently issue consolidated mark-sheet and degree certificate to the petitioner within the time stipulation by this Court based on the petitioner's representation dated 20.01.2022. For Petitioner : Mr.M.Arun Shankar For R-1 : Mr.N.GA.Nataraj Government Advocate For R-3 to R-5 : Ms.Jasima Yasmin Standing Counsel for M/s.Ajmal Associates 1/3
ORDER
This writ petition has been filed for a Mandamus seeking for a direction to the respondents 2 to 5 herein to declare the petitioner's examination results in respect of two subjects namely Vaniga Kaditha Thodar-I and Business Environment and consequently, issue consolidated Mark Sheet and Degree Certificate to the petitioner, within a time frame to be fixed by this Court, based on the petitioner's representation dated 20.01.2022. 2.The case of the petitioner is that he has completed the aforementioned Course in the third respondent College. But till date, his results have not been declared in so far as two subjects namely Vaniga Kaditha Thodar-I and Business Environment are concerned. In such circumstances, he has given a representation, on 20.01.2022. Since the representation has not been considered, he has filed this writ petition.
3.Heard Mr.M.Arun Shankar, learned counsel appearing for the petitioner, Mr.N.GA.Nataraj, learned counsel appearing for the first respondent and Ms.Jasima Yasmin, learned Standing counsel appearing for the respondents 3 to 5.
4.No prejudice will be caused to the respondents, if the petitioner's representation is considered on merits and in accordance with law, after affording a fair hearing to the petitioner.
5.Accordingly, this Court directs the respondents 3 to 5 to consider the petitioner's representation, requesting them to declare his results for two subjects namely Vaniga Kaditha Thodar-I and Business Environment and issue consolidated Mark Sheet and Degree Certificate and pass final orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, after affording a fair hearing to the petitioner.
6.With the aforesaid directions, this writ petition is disposed of. No costs.
Sd/- Assistant Registrar (T&P) // True Copy // / /2022 Sub Assistant Registrar(CS) TM 2/3
Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.
To 1.The Secretary, Department of Higher Education, College Road, Chennai-600 006.
2.The Registrar, Madurai Kamaraj University, Madurai-625 021.
3.The Principal and Secretary, The American College, Madurai-625 002.
4.The Controller of Examinations, Office of the Controller of Examinations, The American College, Madurai-625 002.
5.The Head of the Department, The Department of Commerce (Self Finance), The American College, Madurai.
+1 CC to M/s.SPL GP ( SR-10206[F] dated 04/03/2022 ) +1 CC to M/s.M.ARUNSHANKAR, Advocate ( SR-9899[F] dated 03/03/2022 ) 03.03.2022 RK(17/03/2022) 3P 8C 3/3