K.Naina Mohamed, v. The Registrar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.12.2018 CORAM :

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.(MD).No.22249 of 2018 and W.M.P.(MD)No.20178 of 2018 K.Naina Mohamed

...Petitioner

Vs.

1.The Registrar, Alagappa University, Karaikudi, Sivagangai District.

2.The Controller of Examination, Alagappa University, Karaikudi, Sivagangai District.

3.The Principal, Dr.Zakir Husain College, Ilayangudi, Sivagangai District.

... Respondents Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents more particularly the third respondent to permit the petitioner to continue his studies of 2nd year B.Com., course during the academic year 2018-2019 in his college.

For Petitioner : Mr.D.Venkatesh For R1 : Mr.J.Shabu Jose For R2 : Mr.SA.Ajmaljin, For M/s.Isaac Chambers.

For R3 : Mr.Niranjan.S.Kumar

ORDER

This Writ Petition has been filed, seeking for a Writ of Mandamus, directing the respondents more particularly the third respondent to permit the petitioner to continue his studies of 2nd year B.Com., course during the academic year 2018-2019 in his college.

2.This Court on 09.11.2018 has passed an order, directing the third respondent to allow the petitioner to write his 3rd semester examination for the academic year 2018-2019 and directing the petitioner to pay the necessary examination fee in cash before the Controller of Examination, Alagappa University, Karaikudi, Sivagangai District / second respondent herein on or before 02.00

P.M., on 10.11.2018, if the petitioner has got required attendance for the said semester and the petitioner also has written his examination.

3.Today, when the matter is taken up for hearing, the learned counsel appearing for the petitioner would submit that there is a vacancy available in Government Arts and Science College, Mudukulathur, Ramnad District. The petitioner may be accommodated to continue his studies in the said college. In this regard, the petitioner has also made a representation before the third respondent.

4.The learned counsel appearing for the third respondent would submit that the third respondent has already forwarded the said representation to the first respondent on 10.11.2018 itself. Now, the petitioner has written his 3rd semester examination. 5.The learned counsel appearing for the first respondent would submit that the representation of the petitioner will be considered and appropriate order should be passed by will first respondent, regarding this issue.

6.The petitioner is directed to give an undertaking before the first respondent that he will not indulge in such activities in disobedience of college rules and regulations hereafter. If he fails to comply with the said undertaking, the first respondent is at liberty to take appropriate action against him in future. This opportunity is given to the petitioner in order to correct himself and to continue his studies taking into consideration of his future career.

7.Accordingly, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar(CS-I) TO 1.The Registrar, Alagappa University, Karaikudi, Sivagangai District.

2.The Controller of Examination, Alagappa University, Karaikudi, Sivagangai District.

+1cc to Mr.J.Shabu Jose Advocate in SR.No.98483 +1cc to Mr.Niranjan.S.Kumar Advocate in SR.No.98813 +1cc to Mr..D.Venkatesh Advocate in SR.No.98327 W.P.(MD).No.22249 of 2018 03.12.2018 MYR PSSKN SAR1 06.12.2018 2P 6C