Disposed

S.Karthikeyan v. Tamil Nadu Agricultural University

Madras HC9 Dec 2021WP/26334/2021

Case brief

AI extract

What is this about?

Petitioners challenged the Tamil Nadu Agricultural University's order marking them failed and calling for a physical re-examination. The Court stayed the re-examination and directed an inquiry into malpractice allegations before final action was taken.

What did the court decide?

Stay on re-examination; direction to Controller to demonstrate malpractice on 13.12.2021 and submit report to Registrar for final orders.

S.Karthikeyan Vs Tamil Nadu Agricultural University — Education and Admissions | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 09.12.2021

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CORAM

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THE HONOURABLE MR.JUSTICE M.DHANDAPANI

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W.P.Nos.26334, 26339, 26343 and 26346 of 2021 and

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W.M.P.Nos.27810, 27816, 27817, 27820, 27821, 27822, 27823 and 27808 of 2021

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S. Karthikeyan ... Petitioner in W.P.No.26334 of 2021 A. Dhilshan Sai Reddy ... Petitioner in W.P.No.26339 of 2021 A. Anitha Raj ... Petitioner in W.P.No.26343 of 2021 Ashwin Muthusamy.G ... Petitioner in W.P.No.26346 of 2021

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Tamil Nadu Agricultural University, Rep. By its Registrar, Coimbatore-641003, Tamil Nadu.

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Controller of Examinations, Tamil Nadu Agricultural University, Coimbatore-641003, Tamil Nadu.

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Adhiparasakthi Agricultural College, Rep. By its Principal, G.B. Nagar, Kalavai-632 506, Ranipet District. ...Respondents(in all W.P's)

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COMMON PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents and forbearing them from conducting any reexamination with respect to the examinations held during Semester July-November 2021.

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For Petitioners : Mr.I.Abrar MD Abdullah (in all W.P's) For Respondents R1 & R2 : Mr.Abdul Saleem (in all W.P's)

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O R D E R

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The petitioners have filed these Writ Petitions seeking issuance of Writ of Mandamus directing the respondents and forbearing them from conducting any re-examination with respect to the examinations held during Semester July-November 2021.

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

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The case of the petitioners is that they have joined the B.Sc., (Agri) undergraduate program in the 3rd respondent institution. Due to pandemic, the examination for reappearance was held during July 2021 after 2019 through EFH (Exam from Home) App and the students have downloaded the app through link sent by the 2^nd respondent and the petitioners have also successfully submitted their papers without any glitch and the same was acknowledged by the said EFH by giving a tick entry. The result of the said examination was published on 02.12.021 and the petitioners were marked as 'Fail' and placed in 'M' list denoting that the petitioners have performed some malpractice and similarly several students i.e., about 90% of the students have been marked as 'F'. While being so, the 2^nd respondent is attempting to conduct the reappearance examination again through circular dated 02.12.2021 in a very short period and deadline was fixed as 08.12.2021 for registration and the date of examination has been tentatively fixed as 13.12.2021, and the students should attend the examination through physical mode at 1^st respondent's premises. Hence, the present petitions are filed.

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The learned counsel for the petitioner submitted that the petitioners are not involved in any kind of malpractices. He also submitted that the 2^nd respondents is attempting to conduct the reappearance examination again through circular dated 02.12.2021 in a hurried manner to cover up the discrepancy in the examination result which has ended in more than 90% of the students being failed. He further submitted that though the petitioners' results have been placed under 'M' category, the reason for the same was not communicated to the petitioners which is unlawful. Hence, he prays this Court to issue direction to the 2^nd respondent to adjudicate whether the petitioners involved any malpractice and if it is satisfied that the petitioners are not involved in any kind of malpractice, the appropriate mark should be awarded to the petitioners and not to conduct the examination till the said exercise is completed. It is further submitted if malpractice is proved, it is open to the respondent to follow the Clause 12.3 of the Semester system Rules and regulations of TamilNadu Agricultural University.

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The learned counsel appearing for the respondents submitted that the petitioners and other students have already been informed about the rules and regulations of the examination conducted through EFH app. Though some of the students were involved in malpractice, the university without, invoking the Clause 12.3 of the Semester system Rules and regulations of TamilNadu Agricultural University, they have decided to conduct a fresh physical examination and the last date for registration for arrear examination was extended to 15.12.2021 and thereafter the physical examination is going to be conducted. He also fairly conceded that the videos of the students recorded by the invigilator during the examination and which is with the 2^nd

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

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respondent will be provided for further enquiry to the 2^nd respondent and the final decision may be made to the satisfaction of the 1^st respondent and appropriate orders will be passed within the time stipulated by this Court.

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In view of the above submissions made by the respective learned counsel for the petitioner as well as the respondents, this Court is inclined to issue direction to the petitioner to appear before the 2^nd respondent on 13.12.2021 and on the same date, the 2^nd respondent may demonstrate the malpractices, if any, committed by the petitioners and thereafter, if there is any malpractice or not, the 2^nd respondent is directed to forward the reports of the petitioners to the 1^st respondent for taking appropriate action. Upon full satisfaction, the 1^st respondent is directed to pass appropriate orders as expeditiously as possible preferably before arrear examination.

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Accordingly, these Writ Petitions are disposed of. No Costs. Consequently, connected Miscellaneous Petitions are closed.

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Sd/-

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Assistant Registrar (CS-VI)

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//True Copy//

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Sub Assistant Registrar

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skt/anu

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Copy To

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The Registrar, Tamil Nadu Agricultural University, Coimbatore-641003, Tamil Nadu.

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The Controller of Examinations, Tamil Nadu Agricultural University, Coimbatore-641003, Tamil Nadu.

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The Principal, Adhiparasakthi Agricultural College, G.B. Nagar, Kalavai-632 506, Ranipet District.

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+4cc to Mr.J.Abrar Md.Abdullah, Advocate, S.R.No.65396

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W.P.Nos.26334, 26339, 26343 and 26346 of 2021 and W.M.P.Nos.27810, 27816, 27817, 27820, 27821, 27822, 27823 and 27808 of 2021 AK(CO) GN(09/12/2021)

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

S.Karthikeyan v. Tamil Nadu Agricultural University

Case brief

What is this about?

What did the court decide?

S.Karthikeyan v. Tamil Nadu Agricultural University

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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