Madras High CourtWP(MD)/23266/2021disposed of

Sanjivi Kumar A v. The Registrar

2022-01-25Honourable Mr Justice C.V. Karthikeyan13 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT RESERVED ON : 12.01.2022 PRONOUNCED ON : 25.01.2022

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN and W.M.P.(MD)Nos.19688 to 19697 of 2021 W.P.(MD)No.23266 of 2021:- A.Sanjivi Kumar ... Petitioner vs 1.The Registrar, Anna University, Chennai- 600 025.

2.The Controller of Examination, Anna University, Chennai - 600 025.

3.The Director of Technical Education, Directorate of Technical Education, Chennai - 600 025.

4.The Principal, Infant Jesus College of Engineering, Srivaikundan, Thoothukudi -628 851.

... Respondents (R3 is suo motu impleaded as per order of this Court, dated 29.12.2021 in W.P.(MD)No.23266 to 23275 of 2021) (R3 rank is rearranged as R4 vide order of this Court, dated 29.12.2021 in W.P.(MD)No.23266 to 23275 of 2021) PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents to permit the petitioner to write the 3rd, 4th and 5th semester exam of B.E.(Civil Engineering) courses as per the exam schedule. W.P.(MD)No.23267 of 2021:-

1. Revathi.B ... Petitioner - Vs. -

1. The Registrar Anna University, Chennai - 600025

2. The Controller of Exmination Anna University, Chennai - 600 025 1/13

3. Director of Technical Education, Directorate of Technical Education, Chennai - 600 025.

R3 is Suomoto Impleaded Vide Court Order Dated 29.12.2021 in Wp(MD). No. 23266 to 23275/2021

4. The Principal Infant Jesus College of Engineering, Srivaikundam, Thoothukudi - 628 851.

R3 is Re-Arranged For R4 Vide Court Order Dated 29.12.2021 in Wp (MD). No. 23266 to 23275/2021 ... Respondent Prayer in WP(MD). 23267/ 2021 :

W.P.(MD)No.23268 of 2021:- Premkumar ... Petitioner - Vs. -

1. The Registrar Anna University, Chennai - 600025

2. The Controller of Exmination Anna University, Chennai - 600 025

3. Director of Technical Education, Directorate of Technical Education, Chennai - 600 025.

R3 is Suomoto Impleaded Vide Court Order Dated 29.12.2021 in Wp(MD). No. 23266 to 23275/2021

4. The Principal Infant Jesus College of Engineering, Srivaikundam, Thoothukudi - 628 851.

R3 is Re-Arranged For R4 Vide Court Order Dated 29.12.2021 in Wp (MD). No.23266 to 23275/2021 ... Respondent Prayer in WP(MD). 23268/ 2021 :

Engineering) course as per the exam schedule and pass such further or other orders as this Court may deem fit and proper in the circumstances of the case and thus render justice. W.P.(MD)No.23269 of 2021:- Singaraj.M ... Petitioner - Vs. -

1. The Registrar Anna University, Chennai - 600025

2. The Controller of Exmination Anna University, Chennai - 600 025

3. Director of Technical Education, Directorate of Technical Education, Chennai - 600 025.

R3 is Suomoto Impleaded Vide Court Order Dated 29.12.2021 in Wp(MD). No. 23266 to 23275/2021

4. The Principal Infant Jesus College of Engineering, Srivaikundam, Thoothukudi - 628 851.

R3 is Re-Arranged For R4 Vide Court Order Dated 29.12.2021 in Wp (MD). No.23266 to 23275/2021 ... Respondent Prayer in WP(MD). 23269/ 2021 :

1. The Registrar Anna University, Chennai - 600025

2. The Controller of Exmination Anna University, Chennai - 600 025

3. Director of Technical Education, Directorate of Technical Education, Chennai - 600 025.

R3 is Suomoto Impleaded Vide Court Order Dated 29.12.2021 in Wp(MD). No. 23266 to 23275/2021 3/13

4. The Principal Infant Jesus College of Engineering, Srivaikundam, Thoothukudi - 628 851.

R3 is Re-Arranged For R4 Vide Court Order Dated 29.12.2021 in Wp (MD). No.23266 to 23275/2021 ... Respondent Prayer in WP(MD). 23270/ 2021 :

... Petitioner - Vs. -

1. The Registrar Anna University, Chennai - 600025

2. The Controller of Exmination Anna University, Chennai - 600 025

3. Director of Technical Education, Directorate of Technical Education, Chennai - 600 025.

R3 is Suomoto Impleaded Vide Court Order Dated 29.12.2021 in Wp(MD). No. 23266 to 23275/2021

4. The Principal Infant Jesus College of Engineering, Srivaikundam, Thoothukudi - 628 851.

R3 is Re-Arranged For R4 Vide Court Order Dated 29.12.2021 in Wp (MD). No. 23266 to 23275/2021 ... Respondent Prayer in WP(MD). 23271/ 2021 :

... Petitioner - Vs. - 4/13

1. The Registrar Anna University, Chennai - 600025

2. The Controller of Exmination Anna University, Chennai - 600 025

3. Director of Technical Education, Directorate of Technical Education, Chennai - 600 025.

R3 is Suomoto Impleaded Vide Court Order Dated 29.12.2021 in Wp(MD). No. 23266 to 23275/2021

4. The Principal Infant Jesus College of Engineering, Srivaikundam, Thoothukudi - 628 851.

R3 is Re-Arranged For R4 Vide Court Order Dated 29.12.2021 in Wp (MD). No.23266 to 23275/2021 ... Respondent Prayer in WP(MD). 23272/ 2021 :

1. Marieswaran A ... Petitioner - Vs. -

1. The Registrar Anna University, Chennai - 600025

2. The Controller of Exmination Anna University, Chennai - 600 025

3. Director of Technical Education, Directorate of Technical Education, Chennai - 600 025.

R3 is Suomoto Impleaded Vide Court Order Dated 29.12.2021 in Wp(MD). No. 23266 to 23275/2021

4. The Principal Infant Jesus College of Engineering, Srivaikundam, Thoothukudi - 628 851.

R3 is Re-Arranged For R4 Vide Court Order Dated 29.12.2021 in Wp (MD). No.23266 to 23275/2021 ... Respondent Prayer in WP(MD). 23273/ 2021 :

or other orders as this Court may deem fit and proper in the circumstances of the case and thus render justice. W.P.(MD)No.23274 of 2021:-

1. Rathna Muthu .K ... Petitioner - Vs. -

1. The Registrar Anna University, Chennai - 600025

2. The Controller of Exmination Anna University, Chennai - 600 025

3. Director of Technical Education, Directorate of Technical Education, Chennai - 600 025.

R3 is Suomoto Impleaded Vide Court Order Dated 29.12.2021 in Wp(MD). No. 23266 to 23275/2021

4. The Principal Infant Jesus College of Engineering, Srivaikundam, Thoothukudi - 628 851. R3 is Re-Arranged For R4 Vide Court Order Dated 29.12.2021 in Wp(MD). No.23266 to 23275/2021 ... Respondent Prayer in WP(MD). 23274/ 2021 :

1. The Registrar Anna University, Chennai - 600025

2. The Controller of Exmination Anna University, Chennai - 600 025

3. Director of Technical Education, Directorate of Technical Education, Chennai - 600 025.

R3 is Suomoto Impleaded Vide Court Order Dated 29.12.2021 in Wp(MD). No. 23266 to 23275/2021

Prayer in WP(MD). 23275/ 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue WRIT OF MANDAMUS, directing the respondents to permit the petitioner to write the 3rd, 4th and 5th semester exam of B.E., (Computer Science and Engineering) course as per the exam schedule and pass such further or other orders as this Court may deem fit and proper in the circumstances of the case and thus render justice. For Petitioner :Mr.H.Arumugam for Mr.A.Sami Arul Prasanth For R1 and R2 :Mr.M.Rajarajan For R3 :Mr.N.Satheesh Kumar Additional Government Pleader For R4 :Mr.P.Pethurajesh C O M M O N O R D E R All these Writ Petitions have been filed by students studying in the fourth respondent College/Infant Jesus Engineering College, Srivaikundam, Thoothukudi in the nature of Mandamus seeking a direction against the respondents, primarily against the first and second respondents/Registrar, Anna University and Controller of Examination, Anna University, to permit the petitioners to write the semester examination of B.E. courses in accordance with examination schedule.

2.The petitioner in W.P.(MD)No.23266 of 2021, A.Sanjivi Kumar, seeks permission to write 3, 4 and 5th semester exams of B.E.(Civil Engineering).

3.The petitioner in W.P.(MD)No.23267 of 2021, B.Revathi, seeks permission to write 3, 4 and 5th semester exams of B.E.(Computer Science and Engineering).

4.The petitioner in W.P.(MD)No.23268 of 2021, M.Premkumar, seeks permission to write 3, 4 and 5th semester exams of B.E. (Computer Science and Engineering).

5.The petitioner in W.P.(MD)No.23269 of 2021, M.Singaraj, seeks permission to write 3, 4 and 5th semester exams of B.E.(Electrical and Electronics Engineering).

6.The petitioner in W.P.(MD)No.23270 of 2021, K.Muniasamy, seeks permission to write 3, 4 and 5th semester exams of B.E. (Computer Science and Engineering).

7.The petitioner in W.P.(MD)No.23271 of 2021, R.Munish Karthick, seeks permission to write 3, 4 and 5th semester exams of B.E.(Electrical and Electronics Engineering). 7/13

8.The petitioner in W.P.(MD)No.23272 of 2021, P.Arunkumar, seeks permission to write 3, 4 and 5th semester exams of B.E. (Computer Science and Engineering).

9.The petitioner in W.P.(MD)No.23273 of 2021, A.Marieswaran, seeks permission to write 3, 4 and 5th semester exams of B.E. (Electronics and Communication Engineering).

10.The petitioner in W.P.(MD)No.23274 of 2021, K.Rathina Muthu, seeks permission to write 3, 4 and 5th semester exams of B.E. (Computer Science and Engineering).

11.The petitioner in W.P.(MD)No.23275 of 2021, K.Rajaeswari, seeks permission to write 3, 4 and 5th semester exams of B.E. (Computer Science and Engineering).

12.To illustrate the grievances of the Writ Petitioners, the affidavit filed in support of W.P.(MD)No.23266 of 2021 is examined. 13.The petitioner in W.P.(MD)No.23266 of 2021, A.Sanjivi Kumar, had joined B.E.(Civil Engineering) in the fourth respondent College in the academic year 2019-2020. The first semester examination fell due in November-December 2019. He paid the examination fee and was issued with hall ticket. He wrote the first semester examinations. Results were declared and it was published by the second respondent/Controller of Examination, Anna University. Thereafter, the second semester examinations were scheduled to be held in AprilMay 2020. Owing to COVID-19, the examinations were not conducted. 14.The third semester examinations were proposed to be conducted in November-December 2020.

The petitioner paid the requisite examination fees through the college and the first respondent had also acknowledged the same. The attendance and other aspects of the petitioner was also collected from the third respondent by the first respondent. However, the petitioner did not receive the examination credentials. The link for the third semester examination for November-December 2020 was not received. 15.The fourth respondent thereafter made a representation by letter dated 06.02.2021 to the second respondent. The petitioner was informed that there were certain issues relating to the affiliation of certain courses and therefore, he was not permitted to write the semester examinations scheduled in April-May 2021. The petitioner's name was not found in the web portal of the first respondent University.

He was not able to appear for the fourth semester examination. He was informed that the cancellation of affiliations were set aside in W.A.(MD)No.2077 of 2019 by an order dated 20.12.2019.

16.The fifth semester examinations were scheduled in NovemberDecember 2021. The petitioner was again not able to pay the examination fee. He found that he was denied permission to appear 8/13

for the examination. Claiming that he should be permitted to write 3rd, 4th and 5th semester examinations, the Writ Petition had been filed.

17.The petitioners in all other Writ Petitions also stated that they should be permitted to write 3rd, 4th and 5th semester examinations for their respective courses.

18.A counter affidavit had been filed by the first respondent/Registrar, Anna University. It had been stated that the first respondent conducted an inspection for the year academic year 2019-20 in the fourth respondent College on 11.03.2019. After processing the inspection report, the fourth respondent was found to have high level deficiency in Library, Laboratory deficiency in B.E.-Aeronautical Engineer, B.E-Mechanical Engineering, high level deficiency in Faculty, Library and Laboratory in M.E.-Aeronautical Engineering and M.E.-CAD/CAM courses and high level laboratory deficiency in M.B.A.-Master of Business Administration. 19.Thereafter, a deficiency report was issued on 29.03.2019 to provide opportunity to rectify the deficiencies and to submit a compliance report.

The compliance report was scrutinized by the Expert Committee of the first respondent. The documents provided were not accepted by the Expert Committee. Thereafter, a communication was issued on 11.05.2019 reducing 50% of intake in B.E.Aeronautical Engineering, B.E.Mechanial Engineering courses and "No Admission" status for M.E.-Aeronautical Engineering, M.E CAD/CAM and M.B.A-Master of Business Administration courses in accordance with the norms of first respondent university. 20.The fourth respondent College filed W.P.(MD)No.15663 of 2019, which was dismissed and later filed W.A.(MD)No.2077 of 2019. The Division Bench of this Court directed fresh re-inspection. A fresh re-inspection on 13.08.2019 was conducted.

It was stated by the Division Bench that the University has the authority to affiliate or disaffiliate or suspend the affiliation as per the statute. Therefore, the first respondent suspended the affiliation of the fourth respondent for academic year 2019 for U.G. courses namely, B.E.Civil Engineering, B.E. Computer Science and Engineering, B.E.Electrical and Electronics Engineering, B.E. Electronics and Communication Engineering, P.G. Courses, M.E. Aeronautical Engineering, M.E CAD/CAM, M.E.Electronics and Communication Engineering, M.E. Power Electronics and Drives. 21.It was stated that the fourth respondent had a duty to initiate action to transfer the admitted students to some other college. However, the fourth respondent College permitted the students to appear for the semester examinations.

onwards. It was stated that the students will have to be transferred and re-admitted to the three semesters by the Directorate of Technical Education and Centre for Student Affairs of Anna University.

22.This Court suo motu impleaded the Director of Technical Education as the third respondent and re-arranged College as the fourth respondent.

23.Heard arguments advanced by Mr.H.Arumugam, learned Counsel for the petitioners, Mr.M.Rajarajan, learned Counsel for the first and second respondents, Mr.N.Satheesh Kumar, learned Additional Government Pleader for the third respondent and Mr.P.Pethu Rajesh, learned Counsel for the fourth respondent.

24.These are unfortunate cases, where, the fourth respondent College, which on the surface has held out that they extend service with the noble object of providing education to aspiring students, have actually stabbed students in the back withholding vital information as to whether they had necessary facilities to conduct the courses and admit the students to various courses. The Writ Petitioners are victims of money thirstiness of the fourth respondent. The fourth respondent should have been more responsible and should have admitted students only when they can assure them that the students if they studied the entirety of the courses would complete the course within the schedule period of the academic years.

25.Unfortunately, the fourth respondent did not have necessary library and laboratory facilities and as a fact, the deficiencies were found out by the first and second respondents. These are findings of facts. This Court cannot enter into such findings or decision on the finding by the first and second respondents and direct them to permit the fourth respondent to continue with their nefarious holding out to further innocent aspiring youngsters inviting them to fall within the net of a college, which does not have the necessary facilities.

26.The petitioners' education has suffered and they cannot complete their course within the scheduled period of time. When they were admitted, the fourth respondent was able to get necessary approval for the admission. This was only with respect to the eligibility of the students, who were actually admitted. But, later the facilities in the institution were examined and it was found that the fourth respondent failed to pass the test or stipulation set out by the first and second respondents.

27.The students are now before this Court seeking permission to write examinations. Unfortunately, since the course had been disaffiliated or suspended, they just cannot write the examination as students of the fourth respondent College. They will have to be 10/13

accommodated in any other College. The fourth respondent had not taken any steps to assist the students to go over to some other college. This not only exhibits supine indifference, but as a matter of fact, extreme dereliction of duty owed and a violation of the very objection for which any college functions. 28.It is a shame to the institution and a shamed of the noble object for which any educational institution professes. The fourth respondent has deliberately disowned their duties and I would openly state that the petitioners herein have to look out for any other college to continue with their education. If the courses in which they are joined have been suspended by the first and second respondents, then the students cannot insist that the courses should not be so suspended.

29.It is pointed out by Mr.H.Arumugam, learned Counsel for the petitioners that at the time of inspection, the aforementioned courses, in which the Writ Petitioners studied, were not mentioned as having any deficiencies. But later, in all other courses, the intake of the students was reduced. The courses in which the petitioners studied alone have been suspended. I do agree. That is a hard pill to swallow.

30.But keeping in mind the future of the Writ Petitioners, I would rather issue a direction that the first and third respondents, namely, Registrar, Anna University and the Director, Technical Education to leave aside for a moment their respective pride and ego and put in their good offices to accommodate these Writ Petitioners in any other college to continue with their education either in the third or fourth or fifth semesters, which ever year the rules permit. The focus should now shift from the fourth respondent College to address the plight of these students. 31.

The scope of the Writ Court to issue a Mandamus to direct the first and second respondents to permit the Writ Petitioners to write the third, fourth and fifth semester examinations as students of the fourth respondent College is very narrow since the courses in which the students joined have been suspended by the first respondent and even if a Mandamus so issued, they would not be able to get any eligibility certificate or even their mark sheet, since they had simply not studied in a college and in courses which are recognised by the first and second respondents. 32.In view of the above reasoning, a Mandamus is issued to the first and third respondents to put in every effort and engage in a meaningful discussion with the Writ Petitioners herein to ensure that they are accommodated in any other College. 33.

The learned Counsel for the first and second respondents stated that this is the responsibility of the fourth respondent College.

University is holding control and it would only add to the dignity of the first respondent, if they step in and alleviate the grievance of the students. They know the colleges, which are affiliated to their University and can guide the way for the students to continue their education.

34.The learned Counsel for the petitioners should also realise that the petitioners would better served, if they are admitted in other colleges which are actually recognised by the first and second respondents and continue with their studies. The students might loose a year or they may not loose a year, but when they qualify finally, they would qualify from a college, which is recognised and affiliated by the first respondent University. That is very important. Their degree should be recognised as having been approved by the first and second respondents. 35.Therefore, let me deviate from the relief sought in the Writ Petitions, but rather issue a Mandamus and direct the first respondent/Registrar, Anna University and the third respondent/Director, Technical Education, to put their heads together and devote in discharging a noble duty for which they have been appointed and expand themselves as educators and as the administrators of education, reach out to the Writ Petitioners and help them to appoint other college.

36.I would issue a direction to the first and third respondents and also to the Centre for Student Affairs of Anna University, to assist the Writ Petitioners. Let there not be any bureaucratic red tapism involved and let they exhibit true management skill in shredding away senseless prejudices and move forward to assist the Writ Petitioners and guide them.

37.This Court directs them to do so. This should have been done voluntarily by the first and third respondents. They should not have expected a Court direction in this regard. These Writ Petitions are not adversial Writ Petitions. They are a cry for help by the petitioners. This order is passed in the nature of Mandamus to educators to guide the students to obtain degree. Such an order should not have been invited to be passed by the first and third respondents. They should have willingly come forward and stated that they would go the extra mile in helping the students. 38.I hope that the first and third respondents would understand the pain of the Court at the plight of the students and rise about their ranks, stand tall and discharge a noble service. 39.The relief sought in the Writ Petition cannot be granted by this Court.

guide them.

40.The petitioners are directed to send individual representations to both the first and third respondents and also to the Centre for Student Affairs of Anna University within a period of ten days from this date and it is fervently hope that such representations would be favourably responded by the above respondents and by the Centre for Student Affairs of Anna University and the petitioners would finally see a light at the end of the tunnel, in which they are now find themselves. 41.With the above directions, these Writ Petitions are disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) cmr To 1.The Director of Technical Education, Directorate of Technical Education,Chennai - 600 025. 2.The Registrar, Anna University,Chennai- 600 025.

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

4.The Director of Technical Education, Directorate of Technical Education,Chennai - 600 025.

5. The Centre for Student Affairs of Anna University, Anna university, Chennai 600 025 +1 CC to M/s.P.PETHU RAJESH, Advocate ( SR-2558[F] dated 27/01/2022 ) +1 CC to M/s.M.RAJARAJAN, Advocate ( SR-2498[F] dated 25/01/2022 ) 25.01.2022 SK(CO) KB(08.02.2022) 13P 8C 13/13