B. Rajeshkumar, v. The Registrar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH (Through Video Conference) B.Rajeshkumar

...Petitioner

Vs.

1) The Registrar, Anna University, Chennai 600 025

2) The Controller of Examinations, Anna University, Chennai 600 005

3) The Commissioner of Technical Education, Guindy, Chennai 600 025

4) Karaikudi Institute of Technology & Karaikudi Institute of Management, Kit & Kin Technical Campus, Keeranipatti, Thalakkavur, Karaikudi 630 007.

.... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 and 2 to issue M.B.A. Grade Certificate and M.B.A. Provisional degree certificate for registration No.910811631026 to the petitioner on the basis of representation dated 01.10.2014. For Petitioner: Mr.S.Mahesh Babu For RR 1 & 2 : Mr.K.Govindarajan For R-3 : Mr.P.Mahendran, Additional Government Pleader ******

O R D E R

This Writ Petition has been filed for the issue of Writ of Mandamus directing the first and second respondents to issue Grade Certificate and Provisional Degree Certificate to the petitioner, based on the representation made by the petitioner on 01.10.2014.

2. The first and second respondents have filed a counter in this case. The relevant portions in the counter affidavit are extracted hereunder:- "...

.... In this case, the admission perse has rejected by the Commissioner of Technical Education as this 1/3

petitioner did not get minimum marks in his degree examinations (ie) BSC. Computer Science required for admission. Without the formal approval from the Commissioner of Technical Education, no students would be permitted to write his/her examinations. In this instance case, as there had been no approval for his admission, he could not be permitted to write his examinations.

3. It is submitted that however as per the interim orders of the Honourable High Court, the student was permitted to appear for the examinations which does not confer any right to the petitioner to claim for issue of certificates since the Honourable Court is yet to deliver its final order."

3. Heard Mr.S.Mahesh Babu, learned counsel for the petitioner, Mr.K.Govindarajan, learned counsel for respondents 1 and 2 and Mr.P.Mahendran, learned Additional Government Pleader appearing for the third respondent.

4. It is clear from the counter affidavit filed by the respondents that the admission that was given to the petitioner did not satisfy the norms and therefore, even though the petitioner was permitted to write the examinations, that by itself will not confer him with any rights to be granted the Provisional Degree Certificate.

5. In view of the specific stand taken by the first and second respondents, the relief sought for by the petitioner cannot be granted by this Court. Accordingly, the Writ Petition stands dismissed. No costs.

Sd/- Assistant Registrar (ADII) // True Copy // / /2021 Sub Assistant Registrar(CS) NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

sts To:

2/3

The Commissioner of Technical Education, Guindy, Chennai 600 025 +1 CC to M/s.K.GOVINDARAJAN, Advocate ( SR-16818[F] dated 21/04/2021 ) +1 CC to M/s.SPL GP ( SR-16974[F] dated 21/04/2021 ) Order made in Dated:

20.04.2021 GS (10.06.2021) 3P 4C 3/3