The Registrar, v. R.Ajay,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 11.09.2018
CORAM
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA AND THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI W.A.(MD)No.1235 of 2018 and C.M.P(MD)No.8660 of 2018 The Registrar, Anna University, Chennai. .. Appellant/2nd Respondent Vs.
1.R.Ajay .. 1st respondent / writ petitioner
2. The Director of Technical Education, Anna University Campus, Chennai.
3. The Principal, Mar Epharem College of Engineering & Technology, Catholic Diocese of Marthandam, Meelankara Hills, Elavuvillai, Marthandam, Kanyakumari District. .. Respondents / Respondents 1 & 3 Prayer : Writ Appeal filed under Clause 15 of Letters Patent, to allow the appeal and set aside the order made in W.P(MD)No.15420 of 2018 dated 30.07.2018.
Prayer in WP(MD)NO. 15420 OF 2018 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus directing the Respondent to permit the Petitioner to complete B.E., Course. For Appellant : Mr.K.Govindarajan For R-2 : Mrs.J.Padmavathi Devi, Special Government Pleader
JUDGMENT
[Judgment of the Court was delivered by PUSHPA SATHYANARAYANA, J.] The Anna University has filed this writ appeal challenging the interim order passed by the learned single Judge in W.P(MD)No.15420 of 2018, dated 30.07.2018.
2. It appears that the first respondent student, who lacks in attendance was not allowed to attend the 4th semester examinations. Hence, he filed W.P(MD)No.9632 of 2018, wherein interim direction was given, directing the respondents to issue hall ticket to the student and also publish the results for said examinations. The said writ petition is still pending.
3. It is stated that fifth semester classes were commenced on 04.07.2017. But, the first respondent student was not allowed to attend the classes. Though he sent a representation, it was not considered by the University. Therefore, he filed the present writ petition in W.P(MD)No.15420 of 2018, wherein he prayed for interim direction seeking permission to attend the classes in the 5th semester, subject to the result of the writ petition.
4. The learned single Judge vide interim order dated 30.07.2018, granted permission to the student to attend the 5th semester classes. Against the said order, the appellant / University has filed the present writ appeal.
5. The learned counsel appearing for the appellant / University contended that if this kind of permission is granted and when the writ petitions are not disposed of within time, the students will get over the guilty on the ground of equity.
6. This Court heard the submissions made on either side and perused the materials placed before it.
7. A perusal of the order passed by the learned single Judge shows that permission was granted, only to safeguard the possibility of lack of attendance for the next semester. Further, it was specifically made clear that the permission granted to attend the 5th semester classes is only an interim arrangement and it will be subject to the outcome of the final decision of the present writ petition as well as the earlier writ petition filed by the same student.
8. Though the difficulty expressed by the learned counsel appearing for the appellant / University is correct, it is equally responsible for the University to bring up the writ petitions at the earliest and get the same disposed of.
9. Considering the fact that the orders are to be passed in a time bound manner in this kind of matter, the Registry is directed to list W.P(MD)Nos.9632 and 15420 of 2018 in the first week of October 2018 before the concerned roster Judge.
10. With the above observations, the writ appeal is disposed of. No Costs. Consequently, connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar(CS-II) To:
The Director of Technical Education, Anna University Campus, Chennai.
+1cc to Mr.K.Govindarajan, Advocate Sr.No.84253 PM VB/RP/SAR/18.09.2018/3P/3C Judgment made in W.A(MD)No.1235 of 2018 11.09.2018