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2006 Supreme(Mad) 111

High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE V. DHANAPALAN
K.Devaraj - Appellant
Versus
The Secretary to Government, Education Department, Fort St.George, Chennai & Others - Respondents
W.P. No.31280 of 2005 and W.P.M.P. No.36372 of 2005
Decided On : 21 January 2006

Advocates Appeared:For the Petitioner:D. Sadhasivan, Advocate. For the Respondents:R1. Suresh Viswanath,Govt Adv. R2 to R4, V.M.G. Ramakannan, Advocate.

Non-production of the certificate at the time of counseling should not be a ground for denial of admission.

Headnote:

Instruction 2(vii) - Admission to B.L. Degree Course - 2(iii), 2(vii) - The court discussed the provisions of Instruction 2(iii) and 2(vii) of the Prospectus, emphasizing the petitioner's right to admission and the reasonableness of the conditions for producing certificates at the time of counseling. The court found that the petitioner had the basic qualification on the date of counseling but was unable to produce the required certificate, leading to a partial allowance of the writ petition.

Fact of the Case:

The petitioner sought admission to a 3-year B.L. Degree course but was unable to produce the original Provisional Certificate at the time of counseling, despite having passed the qualifying examination.

Finding of the Court:

The court found that the petitioner had the basic qualification on the date of counseling but was unable to produce the required certificate, leading to a partial allowance of the writ petition.

Issues: The main issues were whether the petitioner had the basic degree on the date of counseling and whether the impugned Instruction 2(vii) in the Prospectus was arbitrary and irrational.

Ratio Decidendi: The court held that the petitioner's inability to produce the required certificate at the time of counseling should not be a ground for denial of admission, citing relevant case law. The court partially allowed the writ petition, directing the respondents to permit the petitioner to join the B.L. Degree course.

Final Decision: The writ petition was partially allowed, directing the respondents to permit the petitioner to join the 3-year B.L. Degree course in the Government Law College, Coimbatore for the academic year 2005-2006.

Judgment :-

(The prayer in the writ petition is for the issuance of a writ of certiorarified mandamus to call for connected prospectus relating to the law entrance examination and admission for B.L. 3 year/5 year degree course 2005-2006 of the third respondent and quash Instruction No.2(vii) as far as Petitioner is concerned and direct the respondents to admit the petitioner to the Government Law College, Coimbatore to the B.L. (3 year) degree course.)

The petitioner is a student seeking admission to 3 year B.L. Degree course in the Government Law College, Coimbatore.

2. The petitioner studied in Government Higher Secondary School, Udumalpet and passed in the Higher Secondary Examination held in March 1992. He joined the course of Diploma in Teacher’s Training Education in 1992-93 in Islamic Teacher Training Institute, Kaniyur, Udumalpet. He did that course for nine months and he could not continue the course for want of recognition by the Institute. Then, the petitioner had struggled for his very livelihood and in the meanwhile, he completed the Diploma Course in Cooperative Training. Later, he joined M.Com in Annamalai University under Open University System and completed the course in May 2005 with 56.6% of marks in second class.

3. Later, the petitioner applied for 3 year B.L. Course Entrance Examination conducted by the Tamil Nadu Dr. Ambedkar Law University. In the Prospectus, it has been clearly mentioned that those who have appeared for the final year examination for the degree course in the year 2005 and awaiting results may also apply. Subsequently, he received the Hall Ticket no.340579 and wrote the Entrance Examination at Coimbatore on 14.08.2005. The result was published on 25.08.2005 in which he secured 50.375%. Thereafter, the counseling letter was sent to him asking him to appear for the counseling session on 19.09.2005, the first day of counseling for 3 year B.L. course as he secured very high marks. His overall rank is 63 in O.C. (open competition). In view of his ranking position, he was sure to get admission to the Government Law College, Coimbatore.

4. He appeared for counseling on 19.09.2005 in time and his name was called and he was furnished with the form for the counseling session and was asked to fill up the form. He duly filled up the same and was eagerly waiting for his turn to come. He was called for verification of original documents and he produced the following documents.

üOriginal mark sheet for the first year

üInternet printout of marks for the second year M.Com course

üOriginal Community Certificate

üOriginal form of counseling session including the mark sheet of the entrance examination and counseling intimation

üIdentity card issued by Annamalai University along with Hall Ticket for Final Year M.Com examination

ü2 passport size photographs.

5. He was told by the counseling authorities that Transfer Certificate and Conduct Certificate issued by Islamic Teacher Training Institute, which were shown to them were sufficient. He told them that he had passed M.Com course under Open University System in Annamalai University securing 56.66% of marks and that the Provisional Certificate would be issued on 20.09.2005 and undertook to produce the same in the evening on 20.09.2005 thereby requesting the authorities to give admission and issue him the Admission Letter. But, without issuing the Admission Letter to the petitioner, the counseling authorities directed him to contact the Registrar, the third respondent herein, asking him to get a letter from the Registrar in regard to this matter. The petitioner had met the Registrar and made a representation to him that he would furnish the original provisional certificate in the evening on 20.09.2005 and appealed to him to admit him in the Government Law College, Coimbatore and give him a day’s time enabling him to produce the original provisional certificate. But, the Registrar refused to permit the petitioner to take part in counseling. On 21.09.2005, in the mornin














































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