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2022 Supreme(Online)(Mad) 102408

S.Mony – Appellant
Versus
The Director – Respondent
WP 1046/2021



Advocates:
['C K M Appaji', '', '', 'S REGU', 'F Sebastian', 'A STEPHEN', 'RR & SERVICE AWAITED', 'RR & SERVICE AWAITEDNO APP NOT READYPRIVATE NOTICE PERMITTEDPROOF NOT FILEDM/S P SAM JAPA SINGH', 'M SIVA KUMAR', 'R VIJAYA KUMAR', 'S NALINI', 'D KANAGASUNDARAM', 'B SIVARAMAN']

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved Date

:

26.03.2021

Pronounced Dated

:

27.04.2022

CORAM

THE HONOURABLE THIRU JUSTICE B.PUGALENDHI

W.P.No.1046 of 2021

and

W.M.P.No.1148 of 2021

S.Mony

... Petitioner

Vs.

1. The Director,

School of Distance Education,

Tamil Nadu Physical Education and Sports University,

Melakottaiyur Post,

Vandalur,

Kelambakkam Road,

Chennai – 127.

2. The Director,

Jananam Yogalaya,

No.5, 2nd Main Road,

Natesan Nagar (Near Indira Gandhi Statue),

Puducherry – 5.

3. The Director,

Power Research Institute of Varma and Yoga Science,

Rajendra Hospital Campus,

Moolachal,

Mekkamandapam Post,

Kanyakumari District – 629 166.

4. The University Grants Commission,

Rep. by the Secretary,

Bahadur Shah Zafer Marg,

New Delhi – 110 001.

... Respondents

[R.4 suo-motu impleaded vide order dated 10.02.2021]

PRAYER:- Writ Petition filed under Article 226 of the

Constitution of India praying for issuance of Writ of Mandamus

directing the 1st respondent to conduct Practical examination to

the petitioner for the M.Sc (Varma) Thokkanam Massage Science

Post Graduation course in any of the recognized study centre of

the University, other than the study centres of the 2nd and 3rd

respondents and enable the petitioner to complete Post

Graduation.

https://hcservices.ecourts.gov.in/hcservices/

For Petitioner

:

Mr.C.K.M.Appaji

For Respondents

:

Mrs.G.Thilagavathi

Senior Advocate

for D.Kanagasundaram for R1

Mr.P.Sam Japa Singh for R.3

Ms.V.Sudha

Standing Counsel for R.4

ORDER

The petitioner, a student under the 1st

respondent

University has filed this writ petition for a direction to

conduct practical examination for M.Sc (Varma) Thokkanam Massage

Science Post Graduation Course in any of the recognized study

centres of the University, other than the study centres of the

2nd and 3rd respondents.

2.According to the petitioner, the 1st respondent University

is offering M.Sc (Varma Thokkanam Massage Science - Post

Graduate) Course. He was admitted in the year 2017 to the said

course. The 2nd and 3rd respondents are the recognized study

centres of the 1st respondent University and the petitioner

appeared for the first year examinations through these study

centres. He completed 2nd and 3rd year in the 2nd respondent study

centre and also submitted thesis and internal papers before the

3rd respondent. Due to administrative reasons, the petitioner was

directed to appear before the 2nd respondent study centre for the

purpose of examinations. However, he faced some difficulties

with the Director of the 2nd respondent, who

demanded bribe to forward the internal marks. According to the

petitioner, he has even paid the amount demanded by the Director

of the 2nd respondent and even then, his marks was not

forwarded and as such, he could not complete the course.

Therefore, he has moved the instant writ petition.

3.Learned Counsel for the private respondents entered

appearance and of course, disputed the allegations levelled by

the petitioner.

4.Varmam – Varma kalai is a Tamil word, meaning “art of

vital points”. It is the branch of Siddha system of medicine

which involves a special kind of therapy based on vital points

called varma points present in the body. Though it is closely

related to the ancient martial art 'varma kalai', it was

https://hcservices.ecourts.gov.in/hcservices/

developed and used by Siddhars as a healing science. This

healing application called 'Varma Vaidhiya' is used to treat

patients suffering from paralysis, nervous disorder, spondylitis

and other joint disorders. According to this theory, there are

points in the body which are vital energy storing points through

which vital energy is transmitted to various parts of the body

and all the functions of the body are mediated. Totally, 108

varma points are defined and are us

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