Petitioner sought writ to quash rejection of application for Masters Law exams due to having five arrear papers, exceeding the regulatory limit of four. Court dismissed petition holding refusal sustainable in law based on Regulations.
Relief sought for by the Petitioner cannot be granted as the rejection was based on valid Regulations.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.12.2021
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
WRIT PETITION NO.27075 OF 2021
A.Rajarajan ... Petitioner
.Vs.
PRAYER:-
Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Certiorarified Mandamus, to call for the records of the 1st Respondent University in his proceedings Official communication No.E6-Law Sec/M.L. Exams/Dec 2021/1384, dated 13.12.2021 and to quash the same as being illegal and unsustainable in law and for a consequential direction to the Respondent University to permit the Petitioner to attend/write his December 2021 arrear Examinations (Five papers) which is going to start from 15.12.2021.
For Petitioner : Mr.R.Ramachandran
For Respondents : Mr.L.P.Shanmugasundaram
O R D E R
Petitioner has come up with the present Writ Petition seeking to quash the proceedings dated 13.12.2021 of the 1st Respondent University and for a consequential direction to the 1st Respondent University to permit him to write December 2021 arrear Examinations (Five papers), which is going to start from 15.12.2021.
should not have more than four arrear papers. The Respondent University has rejected the Petitioner's representation only based on the Regulations. In view of the same, the relief sought for by the Petitioner cannot be granted, as the same is unsustainable in law.
In view of the foregoing, the Writ Petition stands dismissed. No costs. Consequently, connected W.M.P.Nos.28540 and 28541 of 2021 are closed.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
(aeb)
To
+1cc to Mr.R.Ramachandran, Advocate, S.R.No.67801
W.P.No.27075 of 2021
RLD(CO) PBS/19/01/2022
2 issues framed by the court
Whether a university can be directed to permit a candidate to appear for examinations when the candidate has more arrears than permitted under University Regulations.
Whether the refusal to grant permission to write five arrear papers on the basis of clear regulatory provisions violates Article 226 of the Constitution.
1 provisions across 1 enactments
A. Rajarajan
The Registrar, University of Madras
The Controller of Examinations, University of Madras
M. Dhandapani, J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
