Madras High CourtWP(MD)/29/2019disposed of

K.Palanivelu, v. The State Of Tamil Nadu,

2019-04-24Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN REV.APLW(MD)No.29 of 2019 The Principal, Sowrashtra College Pasumalai Post, Vilacherry, Madurai.

... Petitioner Vs.

1.T.Veerapandi Athipathi 2.The Director, Directorate of Collegiate Education, 9th Floor, E.V.K.Sampath Building, College Road, Chennai-600 006.

3.The Registrar, Madurai Kamaraj University, Palgalai Nagar, Madurai. ... Respondents PRAYER: Petition filed under Section 114 r/w Order 47 Rule 1 and 2of C.P.C to review the Final Order passed in W.P.No.4030 of 2019, dated 07.03.2019.

Prayer in WP(MD). 4030/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus, directing the 1st respondent to direct the 3rd respondent to permit the petitioner to attend the regular classes and examinations on basis of petitioners representation dated 21.01.2019 on the file of the respondents.

For Petitioner :Mr.A.R.Sethupathy For R1 :Mr.R.Shankar Ganesh For R2 :Mr.M.Karuppasamy Government Advocate For R3 :Mr.Amaljin for M/s.Isaac Chamber

ORDER

The first respondent herein filed W.P.(MD)No.4030 of 2019 for directing the College Management to permit him to attend classes and write the examinations. This Court, by order dated 07.03.2019 allowed the writ petition.

2.Since the College had not passed any expulsion order against the first respondent, this review petition has been filed by the college Management.

3.When the review petition was taken up for hearing, the learned counsel appearing for the College submitted that the order passed by this Court does not warrant any interference, as such but the problem arises because the concerned student wants to take advantage of the same and write 5th semester and 6th semester examinations.

4.The learned counsel appearing for the College pointed out that the student completely lacks attendance and that therefore, he cannot be permitted to write examination and that is why, the College has chosen to file the review petition. 5.When the matter was taken up for hearing, the learned counsel appearing for the first respondent/student submitted that the student would redo the final year, namely, undergo the course for 5th semester and 6th semester.

6.Taking note of the said submission made by the petitioner's counsel, this Court gives the following directions:- (I) the college Management shall not reopen any issue pertaining to the first year and the second year / semesters 1 to 4. (II) the first respondent/student will redo the course as far as the final year is concerned/ 5th semester and 6th semester. (III)The enquiry proceedings initiated against the first respondent/student shall stand closed. Nothing relating to the past conduct of the writ petitioner will be reflected in the conduct certificate.

7.The Review Petition is disposed of on these terms. No costs. Sd/- Assistant Registrar(CO) /TRUE COPY/ Sub Assistant Registrar(CS ) To The Director, Directorate of Collegiate Education, 9th Floor, E.V.K.Sampath Building, College Road, Chennai-600 006.

+1 CC to M/s.J.SELVIN RAJESH, Advocate ( SR-63554[F] dated 27/04/2019 ) +1 CC to M/s.T.R.SUBRAMANIAN, Advocate ( SR-63641[F] dated 29/04/2019 ) +1 CC to M/s.ISAAC CHAMBERS, Advocate ( SR-63902[F] dated 29/04/2019 REV.APLW(MD)No.29 of 2019 27.04.2019 CS(KM):09/05/2019/3P/4C