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Madras High CourtWP(MD)/6088/2017dismissed

Mohamed Ibram, v. The Registrar,

2017-04-06Honourable Mr Justice V. Parthiban2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 06.04.2017

CORAM

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P(MD)No.6088 of 2017 and W.M.P(MD)No.4794 of 2017 Mohamed Ibram ..Petitioner Vs

1. The Registrar, Anna University, Sardar Patel Road, Guindy, Chennai.

2. The Controller of Examinations, Anna University, Sardar Patel Road, Old Highways Buildings, Guindy, Chennai.

3. The Principal, CSI College of Engineering, Ketti Valley, Ooty, Nilgiris District.

..Respondents.

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to permit the Petitioner to participate the practical examination to be scheduled from 10.4.2017 and also to permit him to write the 6th Semester examinations April/May 2017 to be scheduled from 23.4.2017 in respect of the Court of B.E.(EEE) in the third respondent College.

For Petitioner :M/s.A.Banumathy For Respondents :Mr.M.Rajarajan 1 & 2 Govt.Advocate

ORDER

The learned counsel for the Petitioner has approached this Court seeking for a direction to the respondents to permit the Petitioner to participate the practical examination to be scheduled from 10.4.2017 and also to permit him to write the 6th Semester examinations April/May 2017 to be scheduled from 23.4.2017 in respect of the Court of B.E.(EEE) in the third respondent College.

https://hcservices.ecourts.gov.in/hcservices/ 2.Mr.M.Rajarajan, learned Government Advocate takes notice for the respondents 1 and 2.

3.The case of the Petitioner is that he is studying in third year B.E. Electrical and Electronics Engineering in the third respondent-College and he has been undergoing the course for the past two years. According to the Petitioner, he was kidnapped by some unknown persons and he could not be traced for some time. Thereafter, it appears that police complaints were lodged in respect of the said kidnapping incident. According to the Petitioner, during the period when he was kidnapped by unknown persons, he was prevented from attending the college and therefore, he did not have the required attendance to enable him to to write the 6th Semester examinations-April-May 2017 to be scheduled from 23.4.2017. According to the Petitioner himself, that he had put in only 5.

5% of attendance for the present 6th Semester and required percentage of attendance is 75%. 4.The learned counsel for the Petitioner would further submit that the Petitioner was prevented from attending the college. Therefore it was not his fault that he could not fulfill the required percentage of attendance. But, however, the fact remains that the Petitioner has only 5.5% of attendance for the relevant period and at no stretch of legal standard, direction sought in the Writ Petition can be granted to enable the Petitioner to participate in the 6th Semester examinations scheduled during April-May 2017.Therefore, the Writ Petition is without no merits and substance and the same fails.

5.Accordingly, the Writ Petition stands dismissed. Consequently, connected Miscellaneous Petition is dismissed. No costs.

Sd/- Assistant Registrar(AD-II) /True Copy/ Sub Assistant Registrar To

1. The Registrar, Anna University, Sardar Patel Road, Guindy, Chennai.

2. The Controller of Examinations, Anna University, Sardar Patel Road, Old Highways Buildings, Guindy, Chennai.

+1 cc to Mr.A.Banumathy, Advocate, SR.No. 50878 W.P(MD)No.6088 of 2017 and W.M.P(MD)No.4794 of 2017 06.04.2017 vsn MKV-SKN-RSK-SAR 2/7.4.2017/2P-4C https://hcservices.ecourts.gov.in/hcservices/