S.Swapna v. Madurai Kamaraj University

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.01.2026

CORAM

THE HONOURABLE MR JUSTICE R.VIJAYAKUMAR WP(MD) No. 36348 of 2025 and WMP(MD).Nos.28925 and 28929 of 2025 S.Swapna (Transgender)

...Petitioner

Vs Madurai Kamaraj University Represented by its Registrar Palkalai Nagar Madurai -21 ....Respondent Prayer:Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorari calling for the records relating to the impugned order in Ref:MKU/CDOE/2025 dated 27.11.2025 on the file of the respondent and quash the same as illegal. For Petitioner :Mr.H.Mohammed Imran For M/s.Ajmal Associates For Respondent : Mr.G.Ivin for M/s.Isaac Chamber

O R D E R

The present writ petition has been filed challenging the order passed by the respondent University wherein B.A (Tamil) Degree obtained by the writ petitioner in the year 2012 has been cancelled. 1/4

2.According to the learned counsel appearing for the writ petitioner, the petitioner had joined first year B.C.A Course in P.K.N.Arts and Science College, Thirumangalam in the academic year 2008-2009. Later, she had moved on to Mannar Thirumalai Nayakkar College for pursuing her second year in the academic year 2009-2010 in B.C.A.Course. The petitioner who is originally named as S.Nazer has undergone operation and she has become a lady and got herself named as Swapna. Due to embarrassment faced among the student community while attending physical classes in the first two Colleges, the petitioner has chosen to join Distance Education Course in B.A. (Tamil) third year in the respondent University.

She had appeared for all the three year papers in a single sitting and she had cleared the same in the year 2012 and a degree has also been conferred upon her. 3.Under the impugned order on 27.11.2025, B.A.(Tamil) degree conferred upon the writ petitioner in the year 2012 is sought to be cancelled on the ground that the candidate who has undergone B.C.A course in the first two years cannot be permitted to get admission in the B.A(Tamil) course. The said order is put to challenge in the present writ petition. 4.According to the learned counsel appearing for the writ petitioner, the Director of Distance Education has issued a certificate on 06.03.2014 to the effect that such an exemption is permissible under law.

had undergone B.C.A Course for first two years, cannot be permitted in the final year B.A.(Tamil) Course. A perusal of the records further reveals that the present order cancelling the degree certificate of the writ petitioner has been passed without issuing notice or granting any opportunity to the writ petitioner. The cancellation of the decree certificate has got serious civil consequence especially when the petitioner is a transgender student. 5.In view of the above said facts, the order impugned in the writ petition is set aside and the matter is remitted back to the file of the respondent herein. The respondent is directed to issue a show cause notice to the writ petitioner and after considering the explanation offered by the writ petitioner, the respondent is at liberty to pass final orders. 6.In fine, the writ petition stands allowed to the extent as stated above. No costs. Consequently, connected miscellaneous petitions are closed. 28.01.2026 Internet : Yes/No Index : Yes/No NCC : Yes/No msa To The Section Officer V.R.Section Madurai Bench of Madras High Court Madurai 3/4

R.VIJAYAKUMAR, J.

msa WP(MD) No. 36348 of 2025 and WMP(MD).Nos.28925 and 28929 of 2025 28.01.2026 4/4