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Madras High CourtWP(MD)/10236/2020dismissed as infructuous

R.Senthivel v. State Of Tamil Nadu

2020-08-27Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.08.2020

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and W.M.P(MD)Nos.9125 & 9127 of 2020 R.Senthivel ... Petitioner Vs.

1.State of Tamil Nadu, Rep. By its Principal Secretary to the Government, Higher Education (K2) Department, Fort St. George, Chennai - 600 009.

2.Annamalai University, Rep. By its Registrar, Annamalai Nagar, Chidambaram - 608 002, Cuddalore District.

3.The Director, Directorate of Distance Education, Annamalai University, Annamalai Nagar, Chidambaram - 608 002, Cuddalore District. Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned Government Order in G.O(D)No.111, Higher Education (K2) Department dated 27.07.2020 on the file of the first respondent and to quash the same as illegal insofar as not granting exemption from from writing examination to the candidates who have applied for the arrear examination for the 1st and 2nd year and consequently for a direction, directing the respondents to extend the benefit of the Government Order in G.O(1D).No.

111, Higher Education (K2) Department to the petitioner and declare the petitioner as pass in following subjects namely Prose and Composition (Subject Code 520) in the first year and Poetry and Drama (Subject Code 630) in the second year of B.A History Degree within the time stipulated by this Court. For Petitioner : Mr.T.Lajapathi Roy For R - 1 : Mr.V.

ORDER

The petitioner has filed the present Writ Petition to issue a Writ of Certiorarified Mandamus, to quash the impugned Government Order passed by the first respondent in G.O(D)No.111, Higher Education (K2) Department dated 27.07.2020, insofar as not granting exemption from from writing examination to the candidates who have applied for the arrear examination for the 1st and 2nd year and consequently for a direction, directing the respondents to extend the benefit of the Government Order in G.O(1D).No.111, Higher Education (K2) Department to the petitioner and declare the petitioner as pass in following subjects namely Prose and Composition (Subject Code 520) in the first year and Poetry and Drama (Subject Code 630) in the second year of B.A History Degree within the time stipulated by this Court.

2.When the matter is taken up for hearing today, the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the first respondent submitted that the Government has passed G.O.Ms.No.125, Higher Education (K2) Department, dated 26.08.2020, wherein the Government has given exemption for appearing the examinations for the 1st and 2nd year in the State of Tamil Nadu and further submitted that the relief sought for in the Writ Petition has become infructuous and nothing survives for adjudication in the matter.

3.In view of the submission made by the learned counsel appearing on either side, the Writ Petition is dismissed as infructuous. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS ) ps 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. 2/3

To 1.The Principal Secretary to the Government, Rep. By the State of Tamil Nadu, Higher Education (K2) Department, Fort St. George, Chennai - 600 009.

2.Annamalai University, Rep. By its Registrar, Annamalai Nagar, Chidambaram - 608 002, Cuddalore District.

3.The Director, Directorate of Distance Education, Annamalai University, Annamalai Nagar, Chidambaram - 608 002, Cuddalore District.

+1 CC to M/s.T. LAJAPATHI ROY, Advocate ( SR-15190[F] dated 28/08/2020 ) +1 CC to M/s.GP ( SR-15239[F] dated 28/08/2020 ) Order made in Dated:27.08.2020 SPU (07.09.2020) 3P 6C 3/3