2021 Supreme(Mad) 392
IN THE HIGH COURT OF JUDICATURE AT MADRAS
B. PUGALENDHI, J.
R. Manikandan – Petitioner
Versus
The State of Tamil Nadu Rep. by its Chief Secretary, Chennai & Another – Respondents
WP No. 18830 of 2020
Decided On : 05-01-2021
Advocate Appeared:
For the Petitioner:R. Praveen Anand, Advocate.
For the Respondent: E. Manoharan, Special Govt. Pleader, L.P. Shanmuga Sundaram, Special Govt. Pleader.
The court's decision was based on the university's commitment to conduct the special arrear examination after the verdict in the related writ petition pending before the court.
Headnote:
Mandamus - Arrear Examination - The court disposed of a writ petition seeking a mandamus to direct the university to consider the petitioner's representation for conducting a special arrear examination. The university informed that the special arrear examination would be conducted after the verdict in a related writ petition pending before the court, and all students would be permitted to remit the examination fee for the special arrear examination.
Fact of the Case:
The petitioner sought a mandamus to direct the university to consider the representation for conducting a special arrear examination due to the Covid-19 situation affecting the examination process.
Finding of the Court:
The court disposed of the writ petition based on the specific stand taken by the university that the special arrear examination would be conducted after the verdict in the related writ petition pending before the court.
Issues: The issue revolved around the conduct of a special arrear examination and the petitioner's representation for the same.
Ratio Decidendi: The court's decision was influenced by the university's stand that the special arrear examination would be conducted after the verdict in the related writ petition pending before the court.
Final Decision: The writ petition was disposed of, and no costs were imposed.
JUDGMENT :
(Prayer: Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to consider the representation dated 04.11.2020.)
This writ petition is filed for a mandamus directing the respondents to consider the petitioner-s representation dated 04.11.2020.
2. The case of the petitioner is that he has completed Bachelor of Engineering in Electronics and Communication Engineering in University College of Engineering, Tiruchirappali but he had one arrear in subject Probability and Random Processes and he is intending to complete the arrear by attending the arrear examination to be conducted by the University. In the month of March 2020 due to Covid 19 situation, all of a sudden, the proposal for conducting the arrear examination was closed and this petitioner was not given an opportunity to pay the examination fee, however some of his friends have paid the examination fee and registered for the examination.
3. The issue whether to conduct the arrear examination in the present situation has been dealt with in a Public Interest Litigation in W.P.No.16213 of 2020 and this Court by interim order directed the University to conduct arrear examination for the final year students through online mode. But, however, so far as the special arrear examination is concerned no decision has been taken yet by the University as the final verdict in the arrear examination in W.P.No.16213 of 2020 is still pending before this Court.
4. When the matter is taken up for hearing, Mr.L.P.Shanmuga Sundaram, learned Special Government Pleader for Anna University filed a copy of the written instructions provided by the Controller of Examination which reads as follows:-
“I wish to inform further that as far as the special arrear examination is concerned no decision is yet to be taken by the University as the final verdict in the arrear examination (W.P.No.16213 of 2020) has not been pronounced by the Hon’ble Court and the case is posted for further hearing on 11.01.2021.
I wish to inform you that the special arrear examination will be conducted after the verdict of the above case is pronounced by the Hon’ble Court. The mode of conducting examination and the schedule of examination will be intimated to the students through official web-site of Anna University. Chances will be given to the students one who failed to register and the remit the examination fee for the special arrear examination”.
5. He further submitted that by referring the above instructions, a reply was also sent to the petitioner vide letter No.8100/C31/COE/2020-24125 dated 23.11.2020. But the letter was returned stating that “door was locked”.
6. In view of the specific stand taken by the Anna University that the special arrear examination would be conducted after the verdict in the writ petition pending before this Court, the mode of conducting examination and the schedule of examination will be intimated to the students through official website of Anna University and all will be permitted to remit the examination fee for the special arrear examination. Recording the instructions of the Controller of Examinations, Anna University, this writ petition is disposed of. No costs.