R.V.Renish, v. Dr.P.Senthilkumar, I.A.S.,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH Sub. Application No.268 of 2025 in Cont.P.(MD)No.1226 of 2025 in W.P.(MD) No.30841 of 2024 R.V.Renish ... Petitioner Vs.
1.Dr.P.Senthilkumar I.A.S., The Principal Secretary, Health and Family Welfare Department, Fort St. George, Secretariat, Chennai-600 009.
2.J.Sangumani, The Director, Director of Medical Education, No.162, EVR Periyar Salai, Kilpauk, Chennai-600 010.
3.Dr.Siva Sangeetha, The Registrar, Dr.M.G.R. Medical University, Guindy, Chennai - 600 032.
4.R.Revathi, The Principal, Velammal College of Nursing, Thoothukudi Ring Road, Anuppanadi, Madurai - 625 009.
... Respondents PRAYER:- Petition filed under Section 151 of the Civil Procedure Code, to reopen the Cont.P( MD) No.1226 of 2025, order dated 25.04.2025 passed by this Court and pass such further or other suitable order as this Court deems fit and proper in the circumstances of the case. For Petitioner : Mr.G.Arumugaraja For Respondent : Mr.M.Siddharthan Nos.1 & 2 Additional Government Pleader For Respondent No.4 : Mr.L.Shaji Chellan
O R D E R
The present Sub Application has been filed by the petitioner before this Court to reopen the Cont.P (MD) No.1226 of 2025 and thereby, prays this Court to direct the fourth respondent college to readmit him and to pursue his studies.
2. Heard the learned counsel for the parties and also perused the entire materials available on record.
3. It is seen that this Court, while passing the order in W.P.(MD) No.30841 of 2024 had disposed the case by directing the respondents to re-admit the petitioner to continue his education. The relevant paragraphs of the order are read as follows:
"4.When the matter was taken up for hearing today, the petitioner filed an affidavit of undertaking, in which he affirmed that he would not engage in any activities detrimental to the interests of the institution or other students. Furthermore, he mentioned that the charges leveled against him are minor in nature.
5.While it is expected that every student upholds the highest standards of discipline throughout their academic journey and ensures their behaviour does not negatively affect their peers, this Court recognizes the context of the allegations against the petitioner. With two years of the course already completed and only two remaining, this Court believes that even if the petitioner and his mother voluntarily accepted the transfer certificate, this should not prevent him
from continuing his education.
6.Considering the affidavit of undertaking filed by the petitioner and the nature of the allegations against him, the respondents are directed to re-admit the petitioner to continue his education. However, it is explicitly stated that the petitioner must maintain the highest standards of discipline during his remaining years at the college and refrain from engaging in any activities that could harm the interests of either students or faculty. It is made clear that the petitioner shall make his own arrangements for accommodation outside the campus and he is required to attend college and return immediately after college hours.
7.With the above observations and directions, the Writ Petition stands disposed of. The undertaking given by the petitioner shall form part of the record. There shall be no order as to costs.
Consequently, connected miscellaneous petition is closed."
4. Since the petitioner was not re-admitted in the fourth respondent college, he had preferred a Contempt Petition which was closed by this Court on 25.04.2025 by the following observations:
"2. ... on instructions, submitted that respondents 1 and 2 are in no way connected with the present case and that it is the 4th respondent who has to take a decision in the matter".
5. The learned counsel for the petitioner submitted that the respondents 1 and 2 herein are the supervisory/regulatory authority of the fourth respondent college and hence, they are bound to direct the fourth respondent in the event of violation of the regulations. He further submitted that the fourth respondent college has preferred an appeal against the order of this Court passed in W.P.(MD) No.30841 of 2024 which was dismissed by the Hon'ble Division Bench of this Court on 21.05.2025. The relevant paragraphs of the judgment is extracted hereunder for ready reference:
"5. ... the Writ Petitioner has obtained transfer certificate from the College in Chennai and he now wants to get re-admission in the appellant College.
....
7.After going through the orders passed by the Writ Court, we are of the considered opinion that the Writ Court has rightly directed the management to re-admit the Writ Petitioner
considering his academic career and future. Since the allegations relate to the picking up a quarrel with his classmates and no other serious allegations are made against the Writ Petitioner, we are not inclined to interfere with the order of the Writ Court and we find no merits in the Writ Appeal. Accordingly, the Writ Appeal is dismissed. No costs. Consequently, connected miscellaneous petition is closed."
5. Since the fourth respondent college has not complied with the order of this Court made in W.P.(MD) No.30841 of 2024 dated 14.02.2025, which was also affirmed by the Hon'ble Division Bench of this Court in W.A.(MD) No.1144 of 2024 dated 21.05.2025, this Court deems it fit to allow the Sub Application. Accordingly, the Sub Application stands allowed. Consequently, the Registry is directed to reopen and list the Contempt petition on 17.07.2025. 16.07.2025 Index : Yes / No NCC : Yes / No Order : Speaking / Non Speaking DP
To 1.Dr.P.Senthilkumar I.A.S., The Principal Secretary, Health and Family Welfare Department, Fort St. George, Secretariat, Chennai-600 009.
2.J.Sangumani, The Director, Director of Medical Education, No.162, EVR Periyar Salai, Kilpauk, Chennai-600 010.
3.Dr.Siva Sangeetha, The Registrar, Dr.M.G.R. Medical University, Guindy, Chennai - 600 032.
VIVEK KUMAR SINGH , J.
DP Sub. Application No.268 of 2025 in Cont.P.(MD)No.1226 of 2025 in W.P.(MD) No.30841 of 2024 16.07.2025