W.P.No.1262 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.01.2023

CORAM

THE HON'BLE MR. JUSTICE C. V. KARTHIKEYAN

Writ Petition No.1262 of 2023

and

W.M.P.No.1081 of 2023

Beulyn Lazarus

... Petitioner

Versus

1. The Registrar,

Pondicherry University,

Kalapet, Puducherry – 605 014.

2. The Controller of Examination,

Pondicherry University,

Kalapet, Puducherry – 605 014.

3. The Principal,

Bharathiyar College of Engineering and Technology,

Karaikal – 609 609.

... Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India

praying to issue a Writ of Mandamus, directing the 1^st to 3^rd respondents

to consider and take appropriate action on the representations dated

19.11.2022 thereby direct them to give one opportunity to the petitioner

as special permission to write the examination of two papers namely M2

& M3 in the fore-coming semester examination on compassionate and

humanitarian ground so as to enable the petitioner to complete the course

of B.Tech (IT) at the 4^th respondent college by extending course

completion period.

1/6

https://www.mhc.tn.gov.in/judis

W.P.No.1262 of 2023

For Petitioner

: Mr.Prakash Adiapadam

For R2 & R3

: Mr.M.Ravi, Standing Counsel

For R5

: No appearance

ORDER

The Writ Petition has been filed in the nature of a Writ of

Mandamus seeking a direction to the 1^st, 2^nd and 3^rd respondents to

consider the representation dated 19.11.2022 and give a further

opportunity to the petitioner as a special permission to write the

examination of two papers namely M2 and M3 in the fore-coming

semester examination.

2. The semester examination is to commence on 27.01.2023. The

petitioner has filed this Writ Petition and had brought it up today when

there is just one working day between today and 27.01.2022.The writing

of the said examination would help the petitioner to complete the B.Tech

(IT) course in the 4^th respondent College.

3. Mr.M.Ravi, learned standing counsel had taken notice on behalf

of the 2^nd and 3^rd respondents who are rearranged as 1^st and 2^nd

respondents and the reasons therefor would be stated later in the order.

2/6

https://www.mhc.tn.gov.in/judis

W.P.No.1262 of 2023

4. The petitioner had joined the course between the years 2004 and

2008. But unfortunately, he was not able to complete all the papers and

successfully getting pass marks in them.

5. It is his grievance that his father was bedridden with kidney

failure. However, it is contended by the learned standing counsel

Mr.M.Ravi, that the petitioner's representations were always considered

favourably and till the year 2019 nearly for about 10 occasions,

opportunity was granted to the petitioner to write the papers which would

enable him to qualify for B.Tech decree.

6. It is contended that grant of further opportunity would

necessitate the 1^st and 2^nd respondents to bend the rules to an extreme

extent in favour of the petitioner.

7. However, the petitioner had given a representation and the 1^st

and 2^nd respondents may consider the said representation and pass any

order as deemed fit taking into consideration the reasons given by the

petitioner. They are under an obligation to pass an order. Even if they are

not able to pass an order before 27.01.2023, let them pass an order

3/6

https://www.mhc.tn.gov.in/judis

W.P.No.1262 of 2023

within a reasonable time. If at all, they favorably consider the case of the

petitioner, the petitioner may then have an opportunity to write the

examination in the next semester.

8. I leave the decision to be taken in an appropriate manner by the

1^st and 2^nd respondents.

9. It is also seen that the petitioner had impleaded the Vice

Chancellor of the Pondicherry University as the 1^st respondent. The Vice

Chancellor can never answer to the representations given. It is the

Registrar and the Controller of Examinations who a