Madras High Court
G. Panneer Pandi vs The Vice Chancellor, Anna University, ... on 12 March, 2002
Author: A. Kulasekaran
Bench: A. Kulasekaran
ORDER A. Kulasekaran, J.
1. The petitioner has filed the above writ petition seeking for a writ of Mandamus to direct the respondents to admit the petitioner in self-supporting M.E. Degree Programme (2001-2002).
2. Heard both sides. The petitioner herein is an Engineering Graduate in Electronics and Communication and secured 75.5% marks in B.E., Degree Examination. The petitioner has applied for Master Degree (Self-supporting) by sending necessary application and fee to the respondents. He has also written entrance examination held on 18-12-2001 and secured 49.66% marks and he was placed in the 19th rank in the merit list. Mark sheets were received by the petitioner on 24-12-2001 sent by the respondents by ordinary post, but the petitioner has not received any call letter regarding the counselling. Consequently, he approached the respondents and they explained him that all call letters were sent by ordinary post to all the candidates including the petitioner herein. Since the petitioner did not attend the counselling on 26-12-2001 he was not considered for the admission. Hence, this writ petition.
3. The learned Senior Counsel Mr. G. Masilamani, appearing for the respondents/University argued that the University has sent call letters for 355 candidates out of which 229 candidates appeared for the counselling as such the averment that the petitioner did not receive the call letter is far fetched. The learned Senior Counsel also pointed out that the respondents have posted call letters to all the 355 candidates on 14-12-2001 including the petitioner herein, no such complaint of non-receipt except from the petitioner. Since the petitioner did not attend the counselling on 26-12-2001 the seats have been filled up for other candidates who have attended the counselling in the order of their ranks in the merit list and also applying communal reservation. The learned senior counsel however generously admitted that the petitioner is eligible for three branches in M.E., Self-supporting programme namely Industrial Systems Engineering, VISI Design and Information Technology as per the merit list but he did not appear for counselling on 26-12-2001 and at present, there is no seat available in the Information Technology, however the petitioner could be accommodated either in Industrial Systems Engineering or VISI Design.
4. The learned counsel appearing for the petitioner argued that the petitioner is a very brilliant student and secured 19th rank and he is interested only in joining Information Technology Course. The learned counsel further submitted that non-appearance on the date of counselling was not due to his fault but the call letter was not received by him. The learned counsel also relied upon the petitioner's advocate notice dated 11-01-2002 and argued that it came to be issued immediately after meeting the respondents.
5. Considering the facts and circumstance of the case, I feel it is more appropriate to direct the respondents to create one additional seat in Information Technology in M.E., Course and admit the petitioner in that course as the petitioner has secured highest marks both in the academic qualification as well as in the entrance examination. A brilliant candidate like the petitioner cannot be denied of a seat for no fault of him. In order to meet the ends of justice, I direct the respondents to create one additional seat in M.E., information technology course and admit the petitioner in the said course forthwith, provided he is found otherwise qualified.
6. The learned Senior Counsel Mr. G. Masilamani expressed the difficulty in getting the approval from the Syndicate for creation of one additional seat. Hence, I advise and direct the respondents to obtain post-facto approval from the Syndicate in this regard.
7. Before parting with, I appreciate the valuable assistance rendered by learned Senior Counsel Mr. G. Masilamani.
8. With the above observations, this writ petition is ordered. No costs. Consequently, connected WPMPs are also closed.