Madras High CourtWP(MD)/9127/2018dismissed

M.Palanisamy, v. The Convenor Of Committee

2018-04-24Honourable Mr Justice M.S. Ramesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.9127 of 2018 and W.M.P.No.8505 of 2018 A.Palanisamy ... Petitioner vs.

1. The Convenor of Committee Exercising the Powers and Performing the duties of the Vice- Chancellor, The Tamil Nadu Dr.Ambedkar Law University, "Poompozhil", No.5, Dr.D.G.S.Dinakaran Salai, Chennai- 600 028.

2. The Secretary to Government, Law Department, Government of Tamil Nadu, Secretariat, Chennai- 600 009.

3. The Principal Secretary to Government, Higher Education Department, Government of Tamil Nadu, Secretariat, Chennai- 600 009.

4. The Director of Legal Studies, Puraswalkkam High Road, Kilpauk, Chennai- 600 010.

5. The Registrar, The Tamil Nadu Dr.Ambedkar Law University, "Poompozhil" No.5, Dr.D.G.S.Dinakaran Salai, Chennai- 600 028.

6. The Principal, Government Law College, Trichy ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the

respondent no.1 to 5 to place the petitioner's request to set aside the order of dismissal passed by the respondent no.6 before the syndicate and consequently directing the respondent no.5 to admit the petitioner to complete the studies in respondent no.6 college or other college from the year he had left. For Petitioner : Mr.T.Lajapathi Roy For Respondents No.1 & 5 : Mr.R.Parthiban Standing Counsel Nos.2,3,4 &6 : Mr.Gunaseelan Muthiah Additional Government Pleader.

O R D E R

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

2. Mr. R. Parthiban, learned Standing Counsel takes notice on behalf of respondents 1 and 5. Mr.Gunaseelan Muthiah, learned Additional Government Pleader takes notice for respondents Nos.2 to 4 and 6.

3. One of the grounds raised in the present Writ Petition is that Rule 5(r) under chapter IV of the Tamil Nadu Dr.Ambedkar Law University Statue does not take away the rights of the Principal in inflicting punishment on a student. A Division Bench of this court had earlier dealt with the same issue in a Writ petition filed by the petitioner herein and passed a judgment dated 23.02.2018 in W.A.(MD) No.1460 of 2017, wherein this issue had already been answered in the negative . Hence if at all the petitioner is aggrieved, he ought to have challenged the same and as such, the present prayer seeking for issuance of a Writ of Mandamus to direct the respondents 1 and 5 to consider the petitioner's request namely to set aside the order of dismissal of the petitioner, before the sixth respondent may not be proper. As a matter of fact, I am unable to comprehend as to how the authorities would also be in a position to consider the petitioner's representation in this regard and pass appropriate orders in view of the judgment of the Hon'ble Division Bench of this Court.

4. In view of the same, I do not find any merits in the Writ Petition. Accordingly this Writ Petition is dismissed. No Costs. Connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar

To:

2. The Secretary to Government, Law Department, Government of Tamil Nadu, Secretariat, Chennai- 600 009.

3. The Principal Secretary to Government, Higher Education Department, Government of Tamil Nadu, Secretariat, Chennai- 600 009.

4. The Director of Legal Studies, Puraswalkkam High Road, Kilpauk, Chennai- 600 010.

5. The Registrar, The Tamil Nadu Dr.Ambedkar Law University, "Poompozhil" No.5, Dr.D.G.S.Dinakaran Salai, Chennai- 600 028.

6. The Principal, Government Law College, Trichy.

+ 1 cc TO Mr.T.Lajapathi Roy , Advocate in SR No. 63243 aav AE/SV MMS/SAR3/15.05.2018/3P/8C W.P.(MD) No.9127 of 2018 23.04.2018