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2015 Supreme(Mad) 2454

IN THE MADURAI BENCH OF MADRAS HIGH COURT
S. MANIKUMAR & G. CHOCKALINGAM, JJ.
J. Jeswin Samuel – Appellant
Versus
State of Tamil Nadu, Rep. by its Principal Secretary to Government, Higher Education Department, Chennai & Others – Respondents
Writ Appeal (MD) No. 492 of 2015 and M.P. (MD) Nos. 1 & 2 of 2015
Decided On : 16.7.2015

Advocates:
Advocate Appeared:
For the Appellant: Mr. P. Senthurpandian.
For the Respondent: Mr. M. Rajarajan and M/s. Ajmal Associates.

Headnote:UG (BE/B.TECH) Regulations of Anna University, 2008, Regulations 5.3, 6.1, 6.2 and 6.3 - The appellant was not allowed to give exams in the 6th sem by the respective college and same was challenged in the court – the court looked in matter and decided as the appellant has completed the minimum required attendance to write the exams hence still not allowing him to write exams is a serious wrong – held he be allowed to give the same exams and be promoted to the next semester i.e. 7th – Hence the appeal is allowed by the court.

JUDGMENT

S. MANIKUMAR, J.

1. Being aggrieved by the dismissal of the writ petition filed for a Writ of Certiorari, to quash the order dated 27.03.2015, in so far as not allowing the appellant to attend the classes in the 5th respondent college and consequently, denying the prayer to permit him, to write 6th semester examination, present appeal has been filed.

2. Case of the appellant as deduced from the material on record and the supporting affidavit, is that the appellant is a student, studying B.E. Mechanical Engineering in Holycross Engineering College, No. 7/131, Vagaikulam, Srivaikuntam Express Road, Sri Mulakarai, Thannoothu Village, Srivaikundam Taluk, Thoothukudi. While he was undergoing 3rd year, students of the 5th respondent college resorted to road blockade, demanding action against few teachers, responsible for the suicide attempt of a girl student, who fell down from the third floor of the college. Students boycotted the classes. Police and revenue officials intervened and compromised the matter, between the students and management. Subsequently, the 5th respondent college remained closed.

3. The appellant has further contended that pursuant to the police complaint by the father of the victim girl and hunger strike conducted by the parents of the girl, the Registrar, Anna University, Guindy, Chennai, the 3rd respondent herein, constituted a committee and conducted an inspection in the 5th respondent college to find out the truth. Report of the inspection was not disclosed, either to the victim or to the representative of the students. The college was opened on 26.03.2015. The appellant was not allowed to enter the college. He was directed to come with his father. When he went to the college along with his father on 27.03.2015, his father alone was allowed to go inside the college and the gate keeper prevented the appellant, at the entrance.

4. The appellant has further contended that on 27.03.2015, a notice was issued to him, alleging that he had violated the college rules and Clause 21 of Anna University Regulation, destroyed the reputation of the respondent college, created unrest among students and also damaged the college properties.

5. The appellant has further contended that thereafter, he was not allowed to attend the classes. It is his further case that though the appellant and his father submitted individual representations on 29.03.2015, to the college, to withdraw the disciplinary proceedings, the college did not pass any order. Copy of the representations dated 29.03.2015 were also forwarded to the 3rd respondent/Anna University, Chennai, which has the overall control, regarding disciplinary action taken by a private management against the students. Anna University, Chennai, also did not take a decision. Thus, the appellant was constrained to challenge the impugned notice dated 27.03.2015, for the relief stated supra.

6. Perusal of the impugned order made in W.P. (MD) No. 5161 of 2015 dated 22.04.2015 shows that the respondents have not filed any counter affidavit. However, objection has been made that writ against private institution is not maintainable. Submissions have been made that the college had not restricted the appellant from attending the classes. At the end of every month, attendance register has been periodically forwarded by the College to the University.

7. Before the Writ Court, further contention has been made by the appellant that in the peace committee meeting, it was unanimously decided to conduct an enquiry, to ascertain the truth and to arrive at a logical conclusion, on the allegations levelled against the teachers. In so far as attendance is concerned, college has contended that the appellant had only 60% attendance and even condonation of attendance, is not permissible under the regulations. The College has also contended that the appellant was allowed to appear for the in































































































































































































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