Petitioner sought a writ directing affords and college officials to permit him to write M.Phil examinations due to non-issuance of hall ticket. Court issued interim direction against the college only.
Interim direction issued against Respondents 3 and 4 alone to permit the petitioner to write the M.Phil examination commencing 25/02/2019.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Special Original Jurisdiction )
Friday, the Twenty Second day of February Two Thousand Nineteen
PRESENT
The Hon`ble Mr.Justice G.R.SWAMINATHAN
WMP(MD) No.3397 of 2019 IN WP(MD) No.4287 of 2019
SOBIN MATHEW ... PETITIONER/ PETITIONER
TIRUCHIRAPPALLI-620 001. ... RESPONDENTS/ RESPONDENTS
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to grant an order of interim direction directing to permit the petitioner to write examination in the course of M.Phil in the respondents 2 & 3 college which commences from 25/02/2019.
Prayer in WP(MD). 4287/ 2019 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus directing the respondents to permit the petitioner to write examination in the course of M.Phil in the respondents 2 & 3 college which commences from 25/02/2019 and to complete the course.
ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.T.ANTONY ARUL RAJ, Advocate for the petitioner https://hcservices.ecourts.gov.in/hcservices/ and of Mr.V.R.SHANMUGANATHAN, Advocate for R1 and R2, the the court made the following order:-
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Notice of motion returnable by 21.03.2019. Private notice is also permitted. Mr.V.R.Shanmuganathan, learned standing counsel takes notice for R1 and R2.
3.If interim relief is declined, the main writ petition itself will become infructuous. Therefore, this Court is constrained to issue interim direction as sought for. However, the petitioner undertakes that he will not be claim any equity based on this order and that his rights would abide by the outcome of the main writ petition. It is made clear that the results will not be declared without further orders from this Court. W.M.P (MD)No.3397 of 2019 is allowed accordingly.
4.The learned Standing Counsel appearing for the University states that the National College, Trichy is a Autonomous Institution and that therefore, the direction is to be confined only against the College. Therefore, Interim direction is issued against the respondents 3 and 4 alone.
/ TRUE COPY /
Madurai Bench of Madras High Court,
TO
4.THE PRINCIPAL,
https://hcservices.ecourts.gov.in/hcservices/ NATIONAL COLLEGE (AUTONOMOUS), TIRUCHIRAPPALLI-620 001.
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ORDER IN
WMP(MD) No.3397 of 2019 IN WP(MD) No.4287 of 2019 Date :22/02/2019 TK/PN/SAR.4/22.02.2019/3P/6C
1 issue framed by the court
Whether the petitioner is entitled to an interim direction to write examinations pending the outcome of the writ petition.
1 provisions across 1 enactments
SOBIN MATHEW
BHARATHIDASAN UNIVERSITY
THE CONTROLLER OF EXAMINATION, BHARATHIDASAN UNIVERSITY
THE CONTROLLER OF EXAMINATION, NATIONAL COLLEGE (AUTONOMOUS)
THE PRINCIPAL, NATIONAL COLLEGE (AUTONOMOUS)
G.R. SWAMINATHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
