Madras High Court
C.Hariharan vs The Registrar on 9 July, 2019
Author: G.Jayachandran
Bench: G.Jayachandran
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.07.2019
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
W.P.No. 14737 of 2019
and
W.M.P.No. 14727 of 2019
C.Hariharan ... Petitioner
Versus
1.The Registrar,
Tamil Nadu Dr.Ambedkar Law University,
Poompozhil, No.5, Dr.D.G.S. Dhinakaran Salai,
Chennai – 28.
2.The Controller of Examinations,
Tamil Nadu Dr.Ambedkar Law University,
Poompozhil, No.5, Dr.D.G.S. Dhinakaran Salai,
Chennai – 28.
3.The Principal,
The Central Law College,
Yercaud Main Road, Kannankurichi,
Salem – 636 008.
4.The Secretary,
The Central Law College,
Yercaud Main Road, Kannankurichi,
Salem – 636 008. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, praying for the issue of Writ of Mandamus, directing the
respondents to permit the petitioner to write the 5th and 6th Semester
http://www.judis.nic.in
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which is held on 13.05.2019 (Law and Property) and the forthcoming
exams on 16.05.2019 (Constitutional of Law-II), 18.05.2019 (Company
Law) and 21.05.2019 (Labour Law-I) further to pursue his 7th Semester
Course.
For Petitioner : Mr.D.Ramesh Kumar
for Ms.R.Saraswathi
For R1 & R2 : Mr.V.M.Ramakannan
For R3 & R4 : Mr.A.Tamilvanan
ORDER
This Writ Petition is filed by a law college student of Central Law College, Yercaud Main Road, Kannankurichi, Salem, challenging the order passed by the third respondent / College Authority suspending the petitioner for a period of two months, as a result of his continuous misbehaviour. As a consequence, the petitioner was not permitted to take up the 5th and 6th Semester Examination and to pursue 7th Semester Course.
2. On perusal of the enquiry report submitted by the disciplinary committee, due to the alleged misbehaviour, indiscipline and other attitude of the petitioner herein, the disciplinary committee forced the college management to pass suspension order. http://www.judis.nic.in 3
3. After hearing the counsel for the petitioner, this Court thought that some leniency may be shown to the petitioner to mend his way and to behave properly in the college campus and to continue his course without showing any disrespect to the faculty.
4. The learned counsel for the petitioner readily accepted and also filed an affidavit of undertaking filed by the petitioner tendering his unconditional apology for his misbehaviour committed in the college campus and requested the Court to permit him to continue his course from 7th semester.
5. However, on perusal of the records, this Court finds that, the petitioner has not acquired adequate attendance to continue the 7th semester course. Further, due to lack of attendance, the petitioner has to re-do the 3rd year course consisting of 5th and 6th semesters. Further, the petitioner cannot be permitted to write his 5th and 6th semester examinations, as the same was over during the month of May 2019.
6. In the light of the above facts, the third respondent herein is directed to admit the petitioner in the 3rd year to redo his 5th and 6th http://www.judis.nic.in 4 semesters. The fourth respondent shall not insist for payment of tuition fees. This concession is shown at request of the learned counsel for the petitioner and the petitioner should not misuse the same at any point of time. It is made clear that the tuition fees concession is granted to the petitioner taking note of his financial condition and the unconditional apology tendered by the petitioner. This cannot be a precedent for any other future cases.
7. With the above directions, this Writ Petition is disposed of. No cost. Consequently, the connected Miscellaneous Petition is also closed.
09.07.2019 arb Index : Yes / No Internet : Yes / No http://www.judis.nic.in 5 To
1.The Registrar, Tamil Nadu Dr.Ambedkar Law University, Poompozhil, No.5, Dr.D.G.S. Dhinakaran Salai, Chennai – 28.
2.The Controller of Examinations, Tamil Nadu Dr.Ambedkar Law University, Poompozhil, No.5, Dr.D.G.S. Dhinakaran Salai, Chennai – 28.
3.The Principal, The Central Law College, Yercaud Main Road, Kannankurichi, Salem – 636 008.
4.The Secretary, The Central Law College, Yercaud Main Road, Kannankurichi, Salem – 636 008.
http://www.judis.nic.in 6 Dr.G.JAYACHANDRAN,J.
arb W.P.No. 14737 of 2019 and W.M.P.No. 14727 of 2019 http://www.judis.nic.in 09.07.2019