Madras High Court
S.Dhanalakshmi vs State Of Tamil Nadu on 6 July, 2017
Author: K.Ravichandrabaabu
Bench: K.Ravichandrabaabu
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 06.07.2017 CORAM THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.17951 of 2015 and MP.No.1 of 2015 S.Dhanalakshmi ... Petitioner Vs. 1. State of Tamil Nadu Rep. Secretary to Government Higher Education Department Fort St.George, Chennai-600 009. 2. Tamil Nadu Teacher Education University Represented by Registrar Lady Wellington Campus, Chennai-5. 3. Annai Educational Charitable Trust Annai College of Education By its Correspondent Athanur Patti Vazhapadi Taluk, Salem District. ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the 3rd respondent to return back to the petitioner all the original certificates namely (1) 10th Mark Sheet, (2) +2 Mark Sheet, (3) B.A. (Eng) Degree Mark Sheets, (4) Transfer Certificate (5) Convocation Degree Certificate and (6) Community Certificate within a period fixed by this Hon'ble Court. For Petitioner : Mr.s.Balasubramanian For Respondents : Mr.A.Kumar Special Government Pleader, For R1 Mr.U.Venkatesan, Standing Counsel, for R2 R3 - No appearance (name printed in the cause list) O R D E R
Heard Mr.S.Balasubramanian, learned counsel appearing for the petitioner, Mr.A.Kumar, learned Special Government Pleader appearing for the first respondent and Mr.U.Venkatesan, learned Standing Counsel appearing for the second respondent.
2. Though notice was served on the third respondent, they have not chosen to appear either in person or through counsel. The name of the third respondent is printed in the cause list today.
3. The petitioner seeks for a mandamus, directing the third respondent to return back all the original certificates viz., (1) 10th Mark Sheet, (2) +2 Mark Sheet, (3) B.A. (Eng) Degree Mark Sheets, (4) Transfer Certificate (5) Convocation Degree Certificate and (6) Community Certificate to the petitioner. It is stated that the petitioner who got admitted in B.Ed., course in the third respondent / college was not successful in getting the degree, since the very admission of the petitioner was found to be illegal later. Therefore, the petitioner sought for returning of the above original certificates from the third respondent and such request is not considered so far. Therefore, the petitioner approached this Court and filed the present writ petition.
4. The learned counsel appearing for the second respondent / University submitted that the University is not having any objection for returning all the original certificates to the petitioner by the third respondent.
5. Since the relief sought for in this writ petition is against the third respondent and considering the fact that the third respondent has not chosen to oppose this writ petition by entering their appearance before this Court, this Court is left with no other option, but to accept the case of the petitioner, based on the averments, made in the affidavit filed in support of the writ petition. Accordingly, this writ petition is allowed and the third respondent is directed to return all the original certificates viz., (1) 10th Mark Sheet, (2) +2 Mark Sheet, (3) B.A. (Eng) Degree Mark Sheets, (4) Transfer Certificate (5) Convocation Degree Certificate and (6) Community Certificate to the petitioner, within a period of two weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.
06.07.2017 Speaking/Non-speaking order Index : Yes/No mk Note: Issue order copy next week To
1. State of Tamil Nadu Rep. Secretary to Government Higher Education Department Fort St.George, Chennai-600 009.
2. Tamil Nadu Teacher Education University Represented by Registrar Lady Wellington Campus, Chennai-5.
3. Annai Educational Charitable Trust Annai College of Education By its Correspondent Athanur Patti Vazhapadi Taluk, Salem District.
K.RAVICHANDRABAABU,J.
mk W.P.No.17951 of 2015 06.07.2017 http://www.judis.nic.in