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2006 Supreme(Mad) 3435
High Court of Judicature at Madras
THE HONOURABLE MR. JUSICE M. JAICHANDREN
J. Prasanna Devi - Appellant
Versus
The Principal, Government Law College & Another - Respondents
Writ Petition Nos.38985 of 2005 & 2853 of 2006 And W.P.M.P.Nos.41756 of 2005, 2952 of 2006, 17344 of 2006 And 12586 of 2006
Decided On : 13 December 2006
Compliance with attendance requirements as per Bar Council of India Rules and University Regulations is essential for eligibility to appear in examinations and attend classes.
Headnote:
Writ Petitions - Mandamus - Bar Council of India Rules - University Regulations - Attendance Requirement - Medical Certificate - Forged Document
Fact of the Case:
The petitioner sought a Writ of Mandamus to permit her to appear in the second year B.G.L. Semester examinations and to attend classes in the Government Law College, Tirunelveli. The petitioner had attendance issues due to illness and had submitted a Medical Certificate.
Finding of the Court:
The Court found that the petitioner did not meet the attendance requirements as per Bar Council of India Rules and University Regulations. The Court also noted the submission of a forged document and directed an inquiry into the matter.
Issues: Attendance requirement, validity of Medical Certificate, submission of forged document
Ratio Decidendi: The Court relied on the Bar Council of India Rules and University Regulations to determine the petitioner's eligibility. The Court also emphasized the seriousness of submitting forged documents in academic institutions.
Final Decision: Both writ petitions were dismissed, and the connected WPMPs were closed. No costs were awarded.
(Writ Petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus as stated therein.)
W.P.No.38985 of 2005: The writ petition has been filed praying for the issuance of a Writ of Mandamus to direct the respondents to permit the petitioner to appear in the second year B.G.L.Semester examinations scheduled to commence on 02.12.2005 and to value the papers and to declare the results.
W.P.No.2853 of 2006: The Writ Petition has been filed praying for the issuance of a Writ of Mandamus to direct the respondents to admit the petitioner and to permit her to attend the classes in the second year Law Course in Government Law College, Tirunelveli.
2. Since both the writ petitions have arisen under the same facts and circumstances, a common order is passed.
3. Heard the learned counsel for the petitioner as well as for the respondents.
4. It is stated by the petitioner that she is studying in the second year Law Course in the Government Law College at Tirunelveli. The semester examinations for the second year Law Course was scheduled to commence on 02.12.2005. While her parents were residing at Chennai, the petitioner was staying in her relative's house at Melapudukudi Village, Tiruchendur Taluk, Tuticorin District. She was sick for some time and therefore, she was not able to attend the classes regularly from 05.09.2005 to 24.11.2005.
5. It is stated by the petitioner that she had submitted a Medical Certificate and had also paid the examination fees, while submitting the application form for the semester examinations. It is further stated by the petitioner that she had made a representation to the Principal, Government Law College, Tirunelveli, the first respondent in the present writ petition, on 05.08.2005, to transfer the petitioner to Dr.Ambedhkar Government Law College , Chennai. The petitioner had submitted a representation, on 28.11.2005, along with the Medical Certificate, requesting for permission to write the examinations. However, the respondents had not issued the hall ticket to the petitioner to write the second year B.G.L. Course examinations that was scheduled to commence from 02.12.2005. Hence, the present writ petition.
6. The petitioner had also prayed for an interim direction to direct the respondents to permit the petitioner to appear in the second year B.G.L semester examinations scheduled to commence on 02.12.2005. By an order, dated 02.12.2005, this Court had passed the following order:-
"Taking note of the Medical Certificate furnished by the petitioner, interim direction as prayed for subject to the result of the writ petition. Notice."
Based on the said order, the petitioner had taken the semester examinations of the second year B.G.L Course. However, the results had not been published due to the pendency of the writ petition. While so, the petitioner had filed another writ petition before this Court in W.P.No.2853 of 2006, praying for a direction to direct the respondents to admit the petitioner and permit her to attend the classes in the second year Law Course in the Government Law College, Tirunelveli, stating that the semester examinations were completed in the month of December,2005, and since the college had reopened after the Pongal Holidays, the petitioner had gone to the college to attend the classes. The Principal of the Government Law College, Tirunelveli, the first respondent in the said writ petition, had refused to permit the petitioner to attend the classes on the ground that she had appeared in the semester examinations, pursuant to the directions issued by this Court and that the petitioner would be permitted to attend the classes only if a further order is obtained from this Court, directing the respondents to permit the petitioner to attend the classes. Therefore, the petitioner had filed the writ petition W.P.No.2853 of 2006.
7. Paragraph 6 of the counter affidavit filed on behalf of the second respondent in W.P.No.38985 of 2005, reads as follows:-
"6.
