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Madras High CourtWP(MD)/13259/2015disposed of

N. Sree Nisha, v. The Chief Secretary,

2019-12-19Honourable Mr Justice S.S. Sundar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.12.2019

CORAM:

THE HONOURABLE MR.JUSTICE S.S. SUNDAR N.Sree Nisha .. Petitioner Vs.

1.The Chief Secretary, Govt. of Tamil Nadu, Secretariat, Fort St. George, Chennai - 9.

2.The Principal Secretary to Government of Tamil Nadu, Higher Education Department, Chennai - 9.

3.The District Collector, Madurai District, Madurai.

4.The Commissioner of Police, Madurai City, Madurai - 1.

5.Tmt.Ambiga, Administrative Officer, Ambiga Arts & Science College, Anna Nagar, Madurai - 20.

6.The Principal, Ambiga Arts & Science College, Anna Nagar, Madurai - 20.

7.The Registrar, Madurai Kamaraj University, Palkalai Nagar, Madurai.

8.The Controller of Examination, Madurai Kamaraj University, Palkalai Nagar, Madurai.

.. Respondents (6th respondent was impleaded vide Court order, dated 22.09.2015, in M.P.(MD).No.4 of 2015. Respondents No.7 & 8 were impleaded vide Court order, dated 13.10.2015 in M.P.(MD).No.5 of 2015) 1/3

Prayer: Writ petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the entire records relating to the impugned order passed by the 6th respondent, dated 28.08.2015 and quash the same as illegal and consequently directing the respondents 1 to 3 and 7 & 8 to permit the petitioner to appear for the final year B.B.A Examination in the 6th respondent college by accepting the Examination free and condoning the insufficient attendance which was caused by the 6th respondent college from 25.07.2015 onwards and allow the petitioner to continue her remaining final year B.B.A. Studies without any harassment in the 6th respondent college.

(Prayer amended vide Court order dated 16.10.2015 in M.P.(MD).No.6 of 2015) For Petitioner : Mr.A.Kannan For Respondent : Mr.C.Ramar for R1 to R4 Additional Government Pleader Mr.E.Ilango for R5 & R6 Mr.T.Senthilkumaran for R7 & R8

ORDER

This writ petition is filed for issuing a writ of Certiorarified Mandamus, to quash the impugned order passed by the 6th respondent, dated 28.08.2015, as illegal and consequently direct the respondents 1 to 3 and 7 & 8 to permit the petitioner to appear for the final year B.B.A Examination in the 6th respondent college by accepting the Examination fee and condoning the insufficient attendance which was caused by the 6th respondent college from 25.07.2015 onwards and allow the petitioner to continue her remaining final year B.B.A. Studies without any harassment in the 6th respondent college.

2.Having regard to the interim order passed by this Court in the writ petition, earlier and the fact that the petitioner has completed the course in the 5th respondent college, the grievance of the petitioner as on date is that she should be issued the Transfer Certificate and Mark Statement.

3.Though the writ petition is for a different prayer, having regard to the subsequent developments, this Court is inclined to issue following directions. The petitioner shall make a written representation to the 5th and 6th respondents for getting her Transfer Certificate and Mark Statements. On such representation, the 5th and 6th respondents are directed to consider the request of the petitioner for getting her Transfer Certificate as well as the Mark Statement on merits and to pass appropriate orders in accordance with law, within a period of six weeks from the date of such representation to be made by the petitioner to the respondents 5 and 6.

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4.with the above observations, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) To 1.The Chief Secretary, Govt. of Tamil Nadu, Secretariat, Fort St. George, Chennai - 9.

2.The Principal Secretary to Government of Tamil Nadu, Higher Education Department, Chennai - 9.

3.The District Collector, Madurai District, Madurai.

4.The Commissioner of Police, Madurai City, Madurai - 1.

+1 CC to M/s.A.KANNAN, Advocate ( SR-105814[F] dated 19/12/2019 ) +1 CC to M/s.T.SAKTHIKUMARAN, Advocate ( SR-105837[F] 19/12/2019 ) +1 CC to M/s.SPL.GP ( SR-106158[F] dated 20/12/2019 ) +1 CC to M/s.M.E.ILANGO, Advocate ( SR-106317[F] dated 20/12/2019 19.12.2019 TM SDS(09.01.2020) 3P-9C 3/3