Petitioner challenged his dismissal and sought to appear for semester exams. Holding he completed the course, the court directed the university to publish the 3rd year examination result and closed the petition.
Directed the First Respondent to publish the result of the 3rd year examination.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 15.11.2016
Coram:
THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN
W.P.(MD)No.5562 of 2015 and M.P.(MD)Nos.1 and 2 of 2015 and WMP(MD)No.6108 of 2016
M.Senthil Kumar .. Petitioner
-Vs-
1.Anna University, Rep. by its Registrar, Tirunelveli Region, Nagarkoil Road, Tirunelveli.
2.The Francis Xavier Engineering College, Rep. by its Principal, No.103, G-2, Bypass Road, Vannarapettai, Tirunelveli. .. Respondents
Prayer:- Writ Petition filed under Article 226 of the Constitution of India, for issuance of writ of Certiorarified Mandamus, to call for the records on the files of the 2nd respondent pertaining to its order bearing No.FXEC/P/CIR/DAC/EEE/APR-1/2014-15 dated 01.04.2015 and quash the same and consequently direct the 2nd respondent to permit the petitioner to sit for the forthcoming semester examination.
For Petitioner : Mr.S.C.Herold Singh For Respondents : Mr.M.Rajarajan (for R2) Government Advocate.
ORDER
This writ petition has been filed for the issuance of a Writ of Certiorarified Mandamus to call for the records of the 2nd respondent pertaining to its order bearing No.FXEC/ P/CIR/DAC/EEE/APR-1 /2014-15, dated 01.04.2015 and quas h the same and consequently, direct the 2nd respondent to permit the https://hcservices.ecourts.gov.in/hcservices/ petitioner to sit for the forthcoming semester examination.
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2.According to the petitioner, he joined B.E. course in the year 2013 in the 2nd respondent/College and subsequently, based on some allegations, he was dismissed from the 2nd respondent/College on 01.04.2015. Challenging the above order, the present petition has been filed.
3.Pending the writ petition, this Court has passed an interim order on 13.04.2015 permitting the petitioner to appear 3rd year examination and the petitioner has also written the examination. Subsequently, he sought for transfer to some other College, namely, SBM Engineering College, Dindigul, which was also permitted and the petitioner also completed the course, insofar as the result of the 3rd year examination written by the petitioner has not published by the first respondent.
4.On instructions, the learned counsel appearing for the first respondent submitted that the petitioner completed the course, since the W.P. is pending and no final order was passed in the writ petition the result of the examination is withheld.
5.Taken into consideration of the fact that the petitioner was permitted to write the third year examination and now, he has also completed the course, the first respondent is directed to publish the result in respect of the 3rd year examination.
6.With the above observation, the writ petition is closed. No costs. Consequently, connected miscellaneous petitions are also closed.
Sd/
Assistant Registrar(AE)
/True Copy/
Sub Assistant Registrar.
To
The Registrar,Anna University, Tirunelveli Region, Nagerkoil Road, Tirunelveli.
+1CC to M/S.S.C.Herold Singh, Advocate, SR.No. 68878 +1CC to M/S.M.Rajarajan, Advocate, SR.No. 69213
W.P.(MD)No.5562 of 2015 and M.P.(MD)Nos.1 and 2 of 2015 and WMP(MD)No.6108 of 2016 15.11.2016.
AM/SK SKN/SAR-1/17.11.2016/2P/4C
3 issues framed by the court
Whether the university is directed to publish the result of the petitioner's 3rd year examination.
Whether the petitioner was permitted to write the 3rd year examination having completed the course.
Whether the writ petition is to be closed in the present circumstances.
1 provisions across 1 enactments
M.Senthil Kumar
Anna University, Rep. by its Registrar, Tirunelveli Region
The Francis Xavier Engineering College, Rep. by its Principal
V.Bharathidasan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
