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Mohamed Haytham Elrayah Elshik Vs the Registrar — Narcotics (NDPS) | Madras HC (2025)

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Madras HC
2025
Mohamed Haytham Elrayah Elshik Vs the RegistrarMohamed Haytham Elrayah Elshik v. the Registrar

Dismissed¶35

Mohamed Haytham Elrayah Elshik v. the Registrar

Madras HC3 Sept 2025WP/17446/2025

Case brief

AI extract

What is this about?

Madras High Court, W.P.No.17446 of 2025, decided 03.09.2025 by G.K. Ilanthiraiyan, J. Petitioner Mohamed Haytham Elrayah Elshik (NRI/Sudanese student, B.Sc Cyber Security, VISTAS University) vs Registrar and Chancellor, VISTAS. Subject: refusal by university to permit student facing NDPS Act case (Crime/FIR No.728 of 2024, Pallavaram Police Station, 50 grams ganja) to write III and IV semester examinations; prayers for mandamus under Article 226 of Constitution of India to appear for IV semester exams (14.05.2025-21.05.2025), reappear for III semester exams, and continue course despite pending criminal case. Counsel: L. Thajuden for petitioner; V. Meenakshi Sundaram for respondents. Outcome: writ petition dismissed, no order as to costs; first limb of prayer held infructuous as IV semester exams already conducted. Keywords: NDPS Act, ganja possession, student examination bar, university discipline, writ of mandamus, dismissal.

What did the court decide?

Considering the facts and circumstances and the submission made by the learned counsel for the respondents, the prayer sought for in the writ petition cannot be considered and is liable to be dismissed. ¶34

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the respondents should be directed to permit the petitioner to appear for the IV semester examinations scheduled from 14.05.2025 to 21.05.2025. +2 more

Court's answer

The fourth semester examinations have already been conducted; accordingly, the first limb of the prayer (permission to appear for the IV semester examinations) has become infructuous.

Ratio / Principle

Considering the facts and circumstances and the submission made by the learned counsel for the respondents, the prayer sought for in the writ petition cannot be considered and is liable to be dismissed.

Detailed headnote1 paragraphs

Writ Petition (Article 226) dismissed by the High Court of Judicature at Madras (G.K. Ilanthiraiyan, J., 03.09.2025). The petitioner, an NRI student and citizen of Sudan pursuing B.Sc (Cyber Security) at VISTAS University, Chennai, was implicated in Crime No.728 of 2024 of Pallavaram Police Station registered under the NDPS Act after 50 grams of ganja was allegedly found in the possession of his companion during vehicle checking; he was arrested, remanded and later released on bail. The University refused to let him write the III semester examinations and rejected his representations dated 18.03.2025 and 23.04.2025 (rejection letter dated 26.04.2025). He sought a mandamus to appear for the IV semester examinations (scheduled 14.05.2025 to 21.05.2025), to reappear for the III semester examinations, and to resume his course without reference to the pending criminal case. Holding that the prayer could not be considered on the facts and submissions of the respondents' counsel, and noting that the IV semester examinations had already been conducted rendering the first limb of the prayer infructuous, the Court dismissed the writ petition with no order as to costs.

A

W.P.No.17446 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.09.2025

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

W.P.No.17446 of 2025

Mohamed Haytham Elrayah Elshik ... Petitioner

Vs.

The Registrar, Vels Institute of Science, Technology and Advanced Studies (VISTAS),

Velan Nagar, P.V.Vaithiyalingam Road, Pallavaram, Chennai – 600 117.

The Chancellor, Vels Institue of Science, Technology and Advanced Studies (VISTAS), Velan Nagar, P.V.Vaithiyalingam Road, Pallavaram, Chennai – 600 117. ... Respondents

Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents to permit the petitioner to appear for the IV semester examinations scheduled from 14.05.2025 to 21.05.2025 and to make appropriate arrangements for the petitioner to reappear for the III semester examinations which he was previously not allowed to write and further direct the respondents to allow the petitioner to resume and continue his B.Sc Cyber Security

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W.P.No.17446 of 2025

course without reference to FIR No.728 of 2024, pending adjudication of the criminal case.

For Petitioner : Mr.L.Thajuden For Respondents : Mrs.V.Meenakshi Sundaram

O R D E R

This Writ Petition has been filed seeking for issuance of a Writ of

Mandamus, to direct the respondents to permit the petitioner to appear for the IV semester examinations scheduled from 14.05.2025 to 21.05.2025 and also to make appropriate arrangements for the petitioner to re-appear for the III semester examinations.

2. Heard the learned counsel on either side and perused the materials available on record.

According to the petitioner, he is a Non-Resident Indian (NRI)

student and a citizen of Sudan and was admitted in the respondents University in B.Sc. (Cyber Security). On 06.11.2024, while accompanying one Alsmane to purchase household items, they were stopped by the Police for a routine vehicle checking. During the

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W.P.No.17446 of 2025

inspection, 50 grams of ganja was found in Alsmane's possession. Despite having no knowledge or involvement in the said incident, the petitioner was wrongfully implicated solely due to his presence. Consequently, a criminal case was registered against the petitioner in Crime No.728 of 2024 on the file of the Inspector of Police, Pallavaram Police Station and he was arrested and remanded to judicial custody, and later, he was released on bail. However, the respondents - University did not permit the petitioner to write III semester examinations. Hence, he made a representation dated 18.03.2025 seeking to permit him to continue and complete his studies but the same has not been considered by the respondents. When the IV semester examinations were scheduled from 14.05.2025 to 21.05.2025, the petitioner submitted another representation dated 23.04.2025 requesting permission to appear for the said examinations, but the same was rejected by the respondents vide letter dated 26.04.2025. Hence, the present writ petition.

The learned counsel appearing for the respondents submitted

that the petitioner was found in possession of Ganja and that F.I.R in Crime No. 728 of 2024 on the file of the Inspector of Police, Pallavaram Police Station was registered under the NDPS Act against him. In

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W.P.No.17446 of 2025

pursuant to the registration of the F.I.R, the petitioner was arrested and remanded to judicial custody. Hence, the respondents rejected the request of the petitioner.

Considering the facts and circumstances and also considering the submission made by the learned counsel for the respondents, the prayer sought for in this writ petition cannot be considered and the same is liable to be dismissed.

Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. That apart, it is seen that the fourth semester examinations have already been conducted and hence, the first limb of the prayer has become infructuous. There shall be no order as to costs.

03.09.2025

Index: Yes/No Speaking Order/Non-Speaking Order Neutral Citation Case : Yes/No ms

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W.P.No.17446 of 2025

To

The Registrar, Vels Institute of Science, Technology and Advanced Studies (VISTAS),

Velan Nagar, P.V.Vaithiyalingam Road, Pallavaram, Chennai – 600 117.

The Chancellor, Vels Institue of Science, Technology and Advanced Studies (VISTAS),

Velan Nagar, P.V.Vaithiyalingam Road, Pallavaram, Chennai – 600 117.

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W.P.No.17446 of 2025

G.K.ILANTHIRAIYAN, J.

ms

W.P.No.17446 of 2025

03.09.2025

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Issues for consideration

3 issues framed by the court

AI extract

1.
Whether the respondents should be directed to permit the petitioner to appear for the IV semester examinations scheduled from 14.05.2025 to 21.05.2025.¶12
The court held
The fourth semester examinations have already been conducted; accordingly, the first limb of the prayer (permission to appear for the IV semester examinations) has become infructuous.ratio¶35
2.
Whether appropriate arrangements should be made for the petitioner to reappear for the III semester examinations which he was previously not allowed to write.¶12
3.
Whether the petitioner should be allowed to resume and continue his B.Sc Cyber Security course notwithstanding the pendency of FIR No.728 of 2024 and the criminal case against him.¶12

Statutes considered

2 provisions across 2 enactments

AI extract

Constitution of IndiaArticle 226¶12
NDPS ActNDPS Act¶29

Procedural history

How this case reached the court

AI extract

Order under challenge
Rejection by the respondents (University) of the petitioner's representation dated 23.04.2025 seeking permission to appear for the IV semester examinations, communicated vide letter dated 26.04.2025.¶27
Respondents - Vels Institute of Science, Technology and Advanced Studies (VISTAS) · 26.04.2025
Prior proceeding
During routine vehicle checking on 06.11.2024, 50 grams of ganja was found in the possession of one Alsmane; the petitioner, though claiming no knowledge or involvement, was implicated due to his presence and a criminal case was registered against him in Crime No.728 of 2024 on the file of the Inspector of Police, Pallavaram Police Station.¶27
Prior proceeding
The petitioner was arrested and remanded to judicial custody and later released on bail.¶27
Prior proceeding
The respondents did not permit the petitioner to write the III semester examinations; his representation dated 18.03.2025 seeking permission to continue and complete his studies was not considered.¶27
Prior proceeding
The petitioner submitted another representation dated 23.04.2025 requesting permission to appear for the IV semester examinations scheduled from 14.05.2025 to 21.05.2025; it was rejected by the respondents vide letter dated 26.04.2025, leading to the present writ petition.¶27
Prior proceeding
According to the learned counsel for the respondents, the F.I.R in Crime No. 728 of 2024 was registered against the petitioner under the NDPS Act, pursuant to which he was arrested and remanded to judicial custody; on that basis the respondents rejected his request.¶29

Parties & counsel

AI extract

petitioner
Mohamed Haytham Elrayah Elshik¶7
L.Thajuden
respondent
The Registrar, Vels Institute of Science, Technology and Advanced Studies (VISTAS)¶9
V.Meenakshi Sundaram
respondent
The Chancellor, Vels Institue of Science, Technology and Advanced Studies (VISTAS)¶11

Coram

AI extract

G.K.ILANTHIRAIYANauthor¶5

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 3 Sept 2025 · September
Registered: 6 May 2025
Case no.: WP/17446/2025
CNR: HCMA011058972025
Topic: Narcotics (NDPS)
Bench: G.k. Ilanthiraiyan
Disposal: DISMISSED
Case type: W.P.

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Cite this judgement

Mohamed Haytham Elrayah Elshik v. the Registrar, WP/17446/2025 (MAD), decided on 3 September 2025.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes2

Constitution of IndiaArticle 226
NDPS ActNDPS Act

View all statutes

Procedural history6

Rejection by the respondents (University) of the petitioner's representation dated 23.04.2025 seeking permission to appear for the IV semester examinations, communicated vide letter dated 26.04.2025.Respondents - Vels Institute of Science, Technology and Advanced Studies (VISTAS) · 26.04.2025
During routine vehicle checking on 06.11.2024, 50 grams of ganja was found in the possession of one Alsmane; the petitioner, though claiming no knowledge or involvement, was implicated due to his presence and a criminal case was registered against him in Crime No.728 of 2024 on the file of the Inspector of Police, Pallavaram Police Station.
The petitioner was arrested and remanded to judicial custody and later released on bail.

View full history

Bench / Coram

G.K.ILANTHIRAIYAN

Parties & counsel