Allowed

K.Mahalakshmi v. The Director

Madras HC4 Sept 2014WP/20263/2014

Case brief

AI extract

What is this about?

Writ petition filed by a law student challenging an order forcing her to redo a semester due to low attendance caused by parallel Chartered Accountancy studies. Court allowed petition, set aside the order, and directed university to permit continuation, crediting interim period.

What did the court decide?

Impugned order set aside; respondents directed to permit petitioner to continue 3rd year course after condoning lack of attendance; interim period to be credited.

K.Mahalakshmi Vs The Director — Education and Admissions | Madras HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 04.09.2014

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CORAM

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THE HONOURABLE MR.JUSTICE V. RAMASUBRAMANIAN

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W.P. No. 20263 of 2014, Contempt Petition No. 2473 of 2014, M.P. No. 1 of 2014 & Sub-Application No. 454 of 2014

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W.P. No. 20263 of 2014

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K. Mahalakshmi ..Petitioner

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Vs. 1. The Director, The School of Excellence in Law, The Tamil Nadu Ambedkar Law University, Poompozhi, No.5, Greenways Road, Chennai – 600 028.

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The Tamil Nadu Ambedkar Law University, Poompozhi, No.5, Greenways Road, Chennai – 600 028. ..Respondents

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Prayer: Petition under Article 226 of the Constitution of India praying for issue of a Writ of Certiorarified Mandamus to call for the file relating to the proceedings in C.No. 1501-A/SOEL/2014 of the 1^st respondent dated 22.07.2014 and quash the same and further direct the 1^st respondent to permit the petitioner to attend the third semester examination without attending and redoing the third semester classes and consequently permit the petitioner to attend the third year classes for the academic year 2014-2015.

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Contempt Petition No. 2473 of 2014

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K. Mahalakshmi ..Petitioner

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Vs.

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https://hcservices.ecourts.gov.in/hcservices/

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Mr.Ragunatha Reddy The Director, The School of Excellence in Law, The Tamil Nadu Amedkar Law University, Poompozhi, No.5, Greenways Road, Chennai – 600 028.

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Mr. Sridev The REGistrar, The Tamil Nadu Ambedkar Law University, Poompozhi, No.5, Greenways Road, Chennai – 600 028.

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Dr. Vanagamudi, The Vice Chancellor, The Tamil Nadu Ambedkar Law University, Poompozhi, No.5, Greenways Road, Chennai – 600 028. ..Respondents

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Prayer: Petition under Section 11 of the Contempt of Courts Act, 70/71 to punish the respondents for having committed contempt of Court by disobeying the order dated 31.07.2014 made in M.P. No. 1 of 2014 in W.P. No. 20263 of 2014.

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The petitioner, who is a student of the School of Excellence in Law, of Tamil Nadu Dr. Ambedkar Law University, came up with the above writ petition challenging the order passed by the Director of the University, directing the petitioner to redo the third semester on the ground that she fell short of the required attendance.

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When the writ petition came up for orders as to admission, on 31.07.2014, I passed an interim order directing the respondents to permit the petitioner to sit for the examinations. On the ground that the order was not partly complied with, the

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https://hcservices.ecourts.gov.in/hcservices/

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petitioner came up with the above contempt petition. In the contempt petition, I allowed the petitioner to attend third semester classes. Thereafter, the respondents filed a counter affidavit in both the writ petition and the contempt petition and hence, they were taken up together for disposal.

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Insofar as the contempt petition is concerned, in view of the writ petition itself being disposed of today, the contempt petition will stand closed.

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Insofar as the writ petition is concerned, the petitioner is a brilliant student, whose academic credentials are very good. There is no dispute about this. The only reason why the petitioner fell short of the required attendance is that she simultaneously pursued a course in Chartered Accountancy. Since she had to attend classes for Chartered Accountancy course, which clashed with the curriculum, it appears that she secured just less than 60% attendance.

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Though the respondents, originally, took a stand that under Rule 6 of Bar Council of India Rules, a person cannot pursue two courses, the respondents themselves admit in paragraph No.11 of the counter affidavit that there is no bar for persons in the final year of Graduation Course, to register for intermediate course of Chartered Accountancy, on provisional basis. Therefore, today, the only objection of the University is with regard to lack of attendance.

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But, as I have stated earlier, the lack of attendance of the petitioner was not on account of any deliberate abstention from classes. The petitioner had pursued, being an ambitious student, a course in Chartered Accountancy. In cases of this nature, I do not think that the rigidity of the Rule of Law should be applied. As a matter of fact, in a case relating to a woman, who had not secured the minimum attendance, on account of her pregnancy and delivery, I had an occasion to pass an order condoning the lack of attendance. There are cases where an exception should be carved out of the general Rule. If the academic track record of a student is good and if lack of attendance is on account of pursuing another recognised valid course and not a course of any dubious nature, the student should be encouraged.

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Therefore, the writ petition is allowed. The impugned order is set aside directing the respondents to permit the petitioner to continue the 3^rd year course after condoning the lack of attendance. In view of the fact that I passed an interim order on 31.07.2014, the period during which the petitioner had the benefit of this interim order should be given credit to, while arriving at the

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https://hcservices.ecourts.gov.in/hcservices/

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attendance for the current academic year. No costs. Connected M.P. and Sub-Application are closed.

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Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
nv
To
1. The Director,
The School of Excellence in Law,
The Tamil Nadu Ambedkar Law
University,
Poompozhi, No.5, Greenways Road,
Chennai – 600 028.
2. The Tamil Nadu Ambedkar Law
University,
Poompozhi, No.5, Greenways Road,
Chennai – 600 028.
1 cc to Mr.V.M.G. Ramakannan ,Advocate, SR.No.41714
1 cc to Mr. S. Senthilnathan,Advocate, SR.No.41626
W.P. No. 20263 of 2014
&
Contempt Petition
No. 2473 of 2014
nm(co)
pmk.9.9.2014

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https://hcservices.ecourts.gov.in/hcservices/

K.Mahalakshmi v. The Director

Case brief

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What did the court decide?

K.Mahalakshmi v. The Director

Case brief

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