M.Tamil Selvi v. The Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.02.2017 CORAM :

THE HONOURABLE MR.JUSTICE K. RAVICHANDRA BAABU W.P.(MD)No.1983 of 2017 M.Tamil Selvi ... Petitioner vs.

1) The Registrar Madurai Kamarajar University, Madurai.

2) The Principal Arulmigu Palani Andavar College, Palani, Dindigul District

3) Dr.L.K.Agniputhran ... Respondents Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus to direct the 1st respondent herein to dispose of the representation of the petitioner dated 06.01.2017 seeking to reschedule the Vivo-voce examination for the petitioner's Ph.D., degree course within the time frame stipulated by this Court.

For Petitioner : Mr.R.Vijayakumar For Respondents : Mr.R.M.Makesh Kumaravel for R1 Mr.M.Alagathevan Special Government Pleader for R2 Mr.N.Sudalaimuthu for R3

ORDER

The petitioner seeks for a mandamus directing the first respondent to dispose of the representation dated 06.01.2017, wherein and whereby, he sought for rescheduling the Vivo-voce examination for the petitioner's Ph.D., degree course.

2. Heard the learned counsel for the petitioner, the learned counsel for the respondents and perused the materials placed before this Court.

3. The petitioner joined Ph.D., degree course as a Full Time Research Scholar on 11.09.2008 in the first respondent University through the 2nd respondent College. The third respondent is the Reader of the petitioner. It is further stated that the petitioner

has successfully undergone the Ph.D., degree course and had to undergo Vivo-voce for completion of the course. It is stated that the first respondent through his communication dated 08.10.2016 addressed the third respondent and directed him to be the convenor for the Vivo-voce Board to conduct public Vivo-voce exam for Ph.D. 21.12.2016 was fixed as the date for conducting the public Vivo-voce examination at Arulmigu Palani Andavar College, Palani, Dindigul District. The petitioner was present in the 2nd respondent College on 21.12.2016 to attend the Vivo-voce. However, she was informed that the examination scheduled on 21.12.2016 was cancelled, as the third respondent has not submitted a letter requesting for fixation of Vivo-voce examination through the Principal of the College. Therefore, the petitioner, after making a representation on 06.01.2017 seeking for rescheduling the Vivo-voce examination, filed the present writ petition with the relief as stated supra.

4. The learned counsel for the third respondent submitted that the third respondent would send the proposal to the first respondent through the 2nd respondent fixing the date of Vivo-voce examination for the petitioner.

5. The learned counsel for the 2nd respondent submitted that once such proposal is received from the third respondent, the 2nd respondent would forward the same to the first respondent for conducting such examination on the date, so to be scheduled. The above said undertaking given by the learned counsel for the respondents 2 and 3 are recorded.

6. Consequently, this writ petition is disposed of by directing the third respondent to send a proposal to the 2nd respondent fixing the Vivo-voce schedule, within a period of seven days from the date of receipt of a copy of this order. On receipt of such proposal from the third respondent, the 2nd respondent shall forward such proposal to the first respondent within a period of seven days thereafter. On receipt of such communication from the 2nd respondent, the first respondent will take appropriate steps to conduct the Vivo-voce to the petitioner on a day t be scheduled by giving notice to the petitioner well in advance. No costs. Sd/- Assistant Registrar(C) /True Copy/ Sub Assistant Registrar To

1) The Registrar Madurai Kamarajar University, Madurai.

2) The Principal Arulmigu Palani Andavar College, Palani, Dindigul District +1cc to Mr.R.M.Makesh Kumaravel, Advocate Sr.No.9550 +1cc to Mr.N.Sudalaimuthu, Advocate Sr.No.10211 +1cc to Mr.R.Vijayakumar, Advocate Sr.No.9774 W.P.(MD)No.1983 of 2017 21.02.2017 RR MS-SV-MMS-SAR 1/6.3.2017/3P-6C