E.Tamilarasan v. The Hindustan School Of Law Universisty Dean

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD)No.4994 of 2025 and W.M.P.(MD)No.3605 & 3606 of 2025 E.Tamilarasan ... Petitioner -vs1. The Hindustan School of Law Universisty Dean, Rajiv Gandhi Salai (OMR) Padur, (Via) Kelambakkam, Chennai 603 103.

2. The University, Hindustan School of Law University, Rajiv Gandhi Salai (OMR) Padur, (Via) Kelambakkam, Chennai 603 103.

3. The Controller of Examination, Hindustan School of Law University, Rajiv Gandhi Salai (OMR) Padur, (Via) Kelambakkam, Chennai 603 103.

4. The Year Faculty, (2nd Year) BA.LLB (HONS), Hindustan School of Law University, Rajiv Gandhi Salai (OMR) Padur, (Via) Kelambakkam, Chennai 603 103.

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5. The University, Dhanalakshmi Srinivasan University School of Law, NH-45, Trichy-Chennai Trunk Road, Near Samayapuram Toll Plaza, Trichy - 621 112.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 4 to consider representation of the petitioner dated 03.02.2025 and consequently direct the respondents 1 to 4 herein to include the name of the petitioner in the roll call for the 4th semester B.A.LLB(Hons) Course and permit the petitioner to attend the classes for the 4th semester during the current academic year 2024-2025 at Hindustan School of Law Rajiv Gandhi Salai (OMR) Padur (Via) Kelambakkam Chennai - 603 103.

For Petitioner : Mr.S.Mohamed Azharudeen Sharof For Respondents : Mr.M.Elanchezhian (R2) Additional Government Pleader No appearance (R1, R3, R4 & R5)

ORDER

This writ petition has been filed seeking a direction to the respondents 1 to 4 to consider the representation of the petitioner dated 03.02.2025 and consequently direct the respondents 1 to 4 herein to include the name of the petitioner in the roll call for the 4th semester B.A.LLB(Hons) Course and permit the petitioner to attend the classes for the 4th semester during the 2/6

current academic year 2024-2025 at Hindustan School of Law Rajiv Gandhi Salai (OMR) Padur (Via) Kelambakkam Chennai - 603 103.

2. The petitioner was the student of the 5th respondent university and he discontinued his studies due to some personal reasons. After having received his original mark sheet, the petitioner made a representation dated 03.02.2025 to permit him to sit in the 4th semester in the first respondent University. Since the same has not been considered till date, the present writ petition has been filed.

3. Heard the learned counsel on either side.

4. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, nonconsideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time. 3/6

5. In the light of the above observations, there shall be a direction to the respondents 1 to 4 to consider the petitioner's representation dated 03.02.2025, on its own merits and pass appropriate orders in accordance with law, within a period of two months from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the respondents to consider the same on its own merits.

6. With the above observations and directions, the Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

19.03.2025 NCC : Yes/No Index : Yes / No sm 4/6

TO:-

1. The Hindustan School of Law Universisty Dean, Rajiv Gandhi Salai (OMR) Padur, (Via) Kelambakkam, Chennai 603 103.

2. The University, Hindustan School of Law University, Rajiv Gandhi Salai (OMR) Padur, (Via) Kelambakkam, Chennai 603 103.

3. The Controller of Examination, Hindustan School of Law University, Rajiv Gandhi Salai (OMR) Padur, (Via) Kelambakkam, Chennai 603 103.

4. The Year Faculty, (2nd Year) BA.LLB (HONS), Hindustan School of Law University, Rajiv Gandhi Salai (OMR) Padur, (Via) Kelambakkam, Chennai 603 103.

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VIVEK KUMAR SINGH, J.

sm Order made in W.P.(MD)No.4994 of 2025 Dated:

19.03.2025 6/6