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Madras High CourtWP(MD)/4482/2016disposed of

P.R. Aswin, S/O. V. Rajendran v. The Registrar,

2017-04-04Honourable Mr Justice V. Parthiban3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.04.2017 CORAM :

THE HONOURABLE MR.JUSTICE V.PARTHIBAN Writ Petition (MD) No.4482 of 2016 and WMP(MD)No.4037 of 2016 P.R.Aswin ... Petitioner Vs.

1.The Registar, Anna University, Guindy, Chennai-600 025.

2.The Director, Student Affairs, Anna University, Guindy, Chennai-600 025.

3.The Controller of Examinations, Anna University, Guindy, Chennai-600 025.

4.The Principal, Ratnaveli Subramaniam College of Engineering & Technology, R.V.S. Nagar, Karur Road, Dindigul-624 005. ... Respondents PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to permit the Petitioner to attend the 3rd year B.E. Civil Engineering Classes and Practical Classes and to permit the petitioner to write the ensuing university semester examinations to complete his B.E. Civil Engineering Degree in 4th Respondent's college. For petitioner : Mr.P.Muthusamy For R1 to R3 : Mr.M.Rajarajan Government Advocate For R4 : Mr.T.Cibichakraborthy

O R D E R

This writ petition has been filed seeking issuance of Writ of Mandamus directing the respondents to permit the petitioner to attend the 3rd year B.E. Civil Engineering Classes and Practical Classes and to permit the petitioner to write the ensuing university semester examinations to complete his B.E. Civil Engineering Degree in 4th Respondent College.

2.Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents 1 to 3 and the learned counsel appearing for the fourth respondent. 3.The case of the petitioner is that he joined B.E.Civil Engineering Course in the fourth respondent College, which is affiliated to Anna University. He joined the fourth respondent College in the academic year 2012-13 and he was undergoing B.E degree course. According to the petitioner, he was not well for some time, because of which, he could not attend the classes and therefore, he did not have requisite attendance for appearing the fifth semester examination and therefore, he was not permitted to write the examinations.

4. The learned counsel for the fourth respondent College would submit that the petitioner had not approached the College for redoing the course and in order to make up shortfall attendance to enable the petitioner to write further examination and instead of approaching the College, the petitioner had approached this Court seeking the relief stated supra.

5. According to the learned counsel appearing for the fourth respondent College, the petitioner has to approach the College authorities to enable the College to obtain proper permission from the authorities concerned in order to readmit him and for making up shortfall attendance and to make the petitioner eligible for writing engineering examination in order to complete the B.E. Course.

6. The learned counsel for the fourth respondent would further submit that even now it is open to the petitioner to approach the College and make a proper request with all particulars and the same would be considered by the college and forwarded to the authorities concerned and proper permission will be obtained to enable the petitioner to make good the shortfall attendance and to make him eligible for writing engineering examination and for completing B.E degree course.

7. In view of the submission made on behalf of the learned counsel appearing for the fourth respondent and considering the fact that the learned counsel for the petitioner would also agree for the same, this Court directs the petitioner to approach the college authorities and submit a proper request/application for taking the issue with the competent authority and to seek proper permission for redoing the course and for making up the shortfall attendance in order to make him eligible for writing engineering examinations, particularly the semester which is to be commenced on July 2017. As and when the petitioner approaches the fourth respondent college, the fourth respondent college is directed to initiate action and thereafter process the request of the petitioner to the competent authority

and the authorities concerned shall do the needful on merits and in accordance with law. Such exercise shall be initiated and completed within a period of 2 weeks from the date of receipt of copy of this order.

8. With the above direction, this writ petition is disposed of. No costs. Consequently, connected W.M.P.(MD) No.4037 of 2017 is closed.

Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar To, 1.The Registar, Anna University, Gunidy,Chennai-600 025.

2.The Director, Student Affairs, Anna University, Gunidy, Chennai-600 025.

3.The Controller of Examinations, Anna University, Gunidy, Chennai-600 025.

+1CC to M/S.P.Muthusamy, Advocate, SR.No. 19206 +1CC to M/S.T.Cibi Chakraborthy, Advocate, SR.No. 50031 Writ Petition (MD) No.4482 of 2016 and WMP(MD)No.4037 of 2016 CM AM/SKN RSK/SAR 4/19.04.2017/3P/6C