Madras High Court
V.Ajayan vs The Registrar on 31 March, 2016
Author: R.Subbiah
Bench: R.Subbiah
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.03.2016
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBBIAH
W.P.No. 11889 of 2016
V.Ajayan ... Petitioner
Vs.
1. The Registrar,
Anna University,
Guindy, Chennai 600 025.
2. The Controller of Examination,
Anna University,
Guindy, Chennai 600 025.
3. The Principal,
Immanuel Arasar
J.J.College of Engineering,
Edavilagam, Nattalam,
Marthandam- 629 165,
K.K.District. ... Respondents
Writ petition is filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the respondents 1 and 2 to grant permission to the petitioner to write the first and second semester examinations for the academic year 2015-2016 of lateral Entry B.E.Civil Engineer, bearing Registration No.960714103301 in the third respondent institute, which are scheduled to be held during the forthcoming April and May 2016.
For Petitioner : Mr.Kavitha Balaji
For respondents : Mr.M.Vijaya Kumar,
for R1 & R2.
O R D E R
With the consent of both sides, the Writ Petition is taken up for final disposal.
2. The petitioner has come forward with the present Writ of Mandamus directing the respondents 1 and 2 to grant permission to the petitioner to write the first and second semester examinations for the academic year 2015-2016 of lateral Entry B.E. Civil Engineering, bearing Registration No.960714103301 in the third respondent institute, which are scheduled to be held during the forthcoming April and May 2016.
3. The petitioner has completed his diploma in Civil Engineering Programme, 3 years Technical Education Course conducted at the Institution of Civil Engineers (India), Ludhiana (Punjab). He was awarded with the Diploma Certificate in Technician Engineers Membership (T.Engg), which is an equivalent to Diploma in Civil Engineering. The said course is duly recognized by the MHRD, Government of India vide Gazette notification No.F.24-1/2007-TS.III dated 06.11.2007. The petitioner obtained Grade-A in practical Training/Tests and project work in an AICTE approved Engineering Institutions. He applied to the 3rd respondent Engineering Institution for B.E. Civil Engineering under Lateral Entry during the academic year 2015 2016. In this regard, petitioner clarified with the Office of the Director of Technical Education, wherein he was informed by them that Diploma in Civil Engineering awarded by the Institution of Civil Engineers (India) is considered as equivalent to the Diploma of State Board of Technical Education, Kerala in the concerned branch. Therefore, he joined in BE Civil Engineering in the Lateral Entry at Immannuel Arasan J.J. College of Engineering during the year 2015-2016, under management quota. Based on the diploma in Civil engineering issued by the ICE CID College he was given admission and the ICE CID courses are recognized by Anna University, Chennai vide letter No.2664AU/DDI-DAC/2011/F21, dated 07.01.2011.
4. Thereafter, the petitioner has been continuously approaching the third respondent to get approval from the respondents 1 and 2, who are competent to approve his candidature. The first respondent Anna University assigned Registration No.960714103301 to the petitioner, wherein the respondents 1 and 2 sought equivalency certificate. As per the instructions given by the Director of Technical Education, the third respondent college submitted all the relevant documents to the director of Technical Education to get the approval to continue his regular study. The petitioner has completed the first semester, but, to his shock and surprise, institution has returned his entire first semester examination fees assigning the reason that since the DOTE has not given any reply regarding approval to the third respondent and the same came to the knowledge of the petitioner only when the examinations were continuously postponed by the respondents 1 and 2. In this regard, petitioner made a representation dated 08.01.2016, but the same was not considered so far. Hence, he has come forward with the present writ petition.
5. Heard the submissions of learned counsel appearing for the petitioner and the learned counsel for the respondents 1 and 2.
6. Considering the facts and circumstances, the petitioner is directed to give a fresh representation along with a copy of this order to the first respondent within a period of one week, from the date of receipt of a copy of this order. On receipt of the same, the first respondent is directed to consider the same and pass appropriate order, within a period of three weeks thereon, after affording opportunity of personal hearing to the petitioner.
7. The writ petition is disposed of accordingly. No costs.
31.03.2016 mrp Index:Yes/No Internet:Yes/No Note : Issue order copy on 12.04.2016 To
1. The Registrar, Anna University, Guindy, Chennai 600 025.
2. The Controller of Examination, Anna University, Guindy, Chennai 600 025.
3. The Principal, Immanuel Arasar J.J.College of Engineering, Edavilagam, Nattalam, Marthandam- 629 165, K.K.District.
R.SUBBIAH,J., mrp W.P.No.11889 of 2016 31.03.2016