The Tamilnadu Agricultural University v. Sangamirdham Social Trust

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.01.2020

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY and THE HONOURABLE MR.JUSTICE T.RAVINDRAN and C.M.P.(MD) Nos.12399 of 2019 & 115 of 2020 The Tamil Nadu Agricultural University Rep.by its Registrar Coimbatore ... Appellant -vs1.Sangamirdham Social Trust Rep.by one of its Trustees S.V.Ingersoll No.33, Sakthi Vinayagar Kovil Street Crowford, Trichy District-12 2.The Dean (Agriculture) and Chairman (Admissions) Agricultural College and Research Institute Coimbatore-641 003 3.The Controller of Examinations Tamil Nadu Agricultural University Coimbatore-641 003 4.The Secretary to the Government Agricultural Department Fort St.George, Chennai-9 ... Respondents (R4 suo-motu impleaded vide Court order dated 12.12.2019 in W.P.(MD) No.24552 of 2019) Writ Appeal filed under Clause 15 of Letters Patent to set aside the order, dated 12.12.2019, passed in W.M.P.(MD) No.21180 of 2019 in W.P.(MD) No.24552 of 2019, on the file of this Court. 1/3

Prayer in WMP(MD). 21180/ 2019 :

Writ Miscellaneous Petition is filed under Article 226 of the Constitution of India, praying this court to pass an order of Interim Direction directing the respondents to permit 8 students (Name List Annexed) admitted against the lapsed seats in the petitioner college to take the ensuing mid semester and semester examination scheduled to be commence on 30.12.2019 or any other date as may be fixed by the university and take the result of the examination pending disposal of the above writ petition and thus render justice Prayer in WP(MD). 24552/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Calling for the records pertaining to the impugned order made in Lr.No.Dy.R(Affln.)/Excess Students Admission/2019 dated 25.09.2019 passed by the 1st respondent and quash the same in so far as the petitioner college is concerned and consequently direct the respondents to approve the admission of the 8 students(Name List Annexed) admitted under lapsed seat category and thereby allot ID numbers so as to take the semester examination.

For Appellant : Mr.S.R.Rajagobal Additional Advocate General Assisted by Mr.A.Thirumurthy For Respondents : Mr.Isaac Mohanlal, Senior Counsel Assisted by Mr.D.Sadiq Raja for R1 No appearance for R2 to R4

J U D G M E N T

[Judgment of the Court was made by M.DURAISWAMY, J.] Mr.Isaac Mohanlal, learned Senior Counsel, assisted by Mr.D.Sadiq Raja, appearing for the first respondent, submitted that the appellant - University has rescheduled the examination to the first week of February, 2020 and hence, the prayer sought for in W.M.P.(MD) No.21180 of 2019 in W.P.(MD) No.24552 of 2019 has become infructuous and therefore, the said miscellaneous petition may be dismissed as infructuous and consequently, the writ appeal may be closed.

2. Mr.S.R.Rajagobal, learned Additional Advocate General, assisted by Mr.A.Thirumurthy, learned counsel appearing for the appellant - University, submitted that the appellant - University may be given liberty to raise all the issues available to them before the learned Single Judge in the writ petition.

3. Further, it is also brought to the notice of this Court that the learned Single Judge has posted the writ petition in W.P. (MD) No.24552 of 2019 for hearing on 21.01.2020. 2/3

4. Recording the submissions made by the learned counsel on either side, W.M.P.(MD) No.21180 of 2019 in W.P.(MD) No.24552 of 2019 is dismissed as infructuous and consequently, the writ appeal is closed. It is open to the parties to raise all the defences available to them before the learned Single Judge in the writ petition. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar /TRUE COPY/ / /2020 Sub Assistant Registrar To 1.Sangamirdham Social Trust Rep.by one of its Trustees S.V.Ingersoll No.33, Sakthi Vinayagar Kovil Street Crowford, Trichy District-12.

2.The Dean (Agriculture) and Chairman (Admissions) Agricultural College and Research Institute Coimbatore-641 003.

3.The Controller of Examinations Tamil Nadu Agricultural University Coimbatore-641 003.

4.The Secretary to the Government Agricultural Department Fort St.George, Chennai-9 +1. C.C. to M/S.A.Thirumurthy, Advocate SR.No. 2205 +1. C.C. to M/S.D.Sadiq Raja, Advocate SR.No. 2238 COPY TO:

THE SECTION OFFICER, WRIT SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

(To list the matter in WP(MD) No.24552/2019 on 21.01.2020) and C.M.P.(MD) Nos.12399 of 2019 & 115 of 20.01.2020 KRK JM/SAR 1/22.01.2020/3P/8C 3/3