Madras High CourtWP(MD)/11819/2022dismissed

Rex.J v. The Registrar

2022-06-22Honourable Mr Justice G.R.Swaminathan2 pages

1 W.P.(MD)NO.11819 OF 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.06.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.11819 of 2022 J. Rex ... Petitioner Vs.

1. The Registrar, Bharathiar University, Coimbatore.

2. The Secretary (State Eligibility Test) Bharathiar University, Coimbatore.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents herein to issue appropriate certificate to the petitioner in the light of the order passed in the above W.P.(MD) No.10761 of 2013 dated 05.07.2013 by considering the representation sent by the petitioner dated 21.12.2019 and 15.03.2021 within the time stipulated by this Court.

For Petitioner : Mr.B. Jameel Arasu For Respondents : Mr.M.Rajarajan

O R D E R

Heard the learned counsel on either side.

2. The petitioner took part in State Eligibility Test held in the year 2012 by the Bharathiyar University. He had secured the minimum mark. The University Grants Commission took the stand that obtaining minimum mark is not sufficient and that the candidate will have to get the qualifying mark. A batch of writ petitions were filed before this Court in W.P.(MD)No.10761 of 2013 etc. and vide Order dated 05.07.2013, it was declared that the candidate who has obtained the minimum prescribed marks in the notification has qualified in NET / SET. The University Grants Commission as well as Bharathiar University were directed to issue proper certificate. Contending that such a certificate as directed by this Court was not issued, this present writ petition came to be filed.

3. The learned Standing counsel appearing for the respondents points out that the issue was settled by the Hon'ble Supreme Court in Civil Appeal No.8355 of 2013 dated 19.09.2013 (University Grants Commission V. Neha Anil Bobde (Gadekar) ). It was held that it is open to the University Grants Commission to lay down the qualifying https://hcservices.ecourts.gov.in/hcservices/ 1/2

2 W.P.(MD)NO.11819 OF 2022 criteria. Following the aforesaid decision of the Hon'ble Supreme Court, a learned Judge of this Court vide Order dated 23.09.2013 dismissed the batch of writ petitions. Since the direction on which the petitioner is placing reliance has been set aside by the Hon'ble Supreme Court in Neha Anil Bobde case, no relief can be granted to the petitioner herein. This writ petition stands dismissed. No costs.

Sd/- Assistant Registrar(Crl.Side) // True Copy // /07/2022 Sub Assistant Registrar(CS) PMU To:

1.. The Registrar, Bharathiar University, Coimbatore.

2. The Secretary (State Eligibility Test) Bharathiar University, Coimbatore.

W.P.(MD)No.11819 of 2022 22.06.2022 TP(CO) KB(06.07.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2