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2016 Supreme(Online)(Mad) 16

MADRAS HIGH COURT
S. Manikumar, J
Deepa S. v. Tamil Nadu Dr. Ambedkar Law University Chennai and Others
Writ Petition No. 26130 of 2015 | Contempt Petition No. 1 of 2015



Petitioners cannot claim academic progression without meeting regulatory requirements and clearing necessary subjects. Contempt of court claim dismissed due to compliance by respondents.

Headnote:(A) Contempt of Courts Act, 1971 - Section 11 - Writ of Mandamus sought for continuation in course despite arrears - The petitioner, a law student, challenged the refusal to permit attendance in third year due to unpaid arrears in earlier semesters - The Court upholds regulations set forth by the University requiring completion of prior subjects for advancement, emphasizing responsibility on the student to clear arrears - The Court finds no valid claim for contempt as the respondents acted in compliance with the procedure as per the regulations. (Paras 1-17)

(B) Legal Principles Affirmed - Students must comply with institutional regulations for academic progression - Presumption based claims require substantiation and adherence to procedural norms to hold merit. (Paras 10-15)

Table of Content
1. petitioner seeks to continue education amidst arrears. (Para 1 , 2)
2. details on marks, arrears handling, and examination participation. (Para 3 , 4 , 5)
3. arguments regarding entitlement to attend classes despite arrears. (Para 6 , 7 , 8)
4. university regulations regarding academic progression and student obligations. (Para 10 , 11 , 12 , 13 , 14)
5. final judgment: both writ and contempt petitions dismissed. (Para 16 , 17)

1. The Writ Petition is filed to issue a Writ of Mandamus, directing the respondents to allow the petitioner to continue her III Year B.A.B.L. (Hons) in Five Year Integrated Degree Course on condition that to clear First Year arrear papers in the forthcoming examination.

2. The Contempt Petition is filed to punish the respondents under S.11 of the Contempt of Courts Act, 1971 for deliberately and wilfully disobeying the order of this court dated 20.08.2015 made in MP.No.1/2015 in WP.No.26130 of 2015.

3. The brief facts of the case are as follows: -
The petitioner is a Law student, studying B.A.B.L (Hons) , a Five Year Integrated Law Degree Course in the Tamil Nadu Dr. Ambedkar Law University. The petitioner joined the course in the academic year 2013-14. Each year is divided into two semesters. The petitioner appeared for the first semester exams during November 2013-14 and passed two out of five papers. She had failed in Torts, Legal Method and History - 1. She undertook the arrears papers along with her second semester papers in May 2014. However, her results were withheld, as she had failed to pay the condonation fee for lack of attendance. After the payment of the condonation fee, her results were published and a mark sheet was given indicating that she had failed in Legal Methods, History - I and Sociology - I. As per the petitioner's claim, she was informed that she had passed in legal method and failed in torts as per the statement disclosing her marks, however in the mark - sheet, it was indicated as if she passed in Torts and failed in Legal Method. As per the instructions of the college authorities, she gave a representation, requesting to furnish a revised mark sheet along with her original mark sheet. The Director had also forwarded her request to the Controller of Examinations. Subsequently, she applied for the second year 1st semester examination along with arrears papers in the first year. A hall ticket was also issued to her indicating the subjects including torts. However, she was not permitted to write the Torts paper as the examiner informed her that she had already passed in Torts. Subsequently, she requested the 2nd respondent to issue the mark statement for Torts subject. Thereafter, she appeared for the second semester papers in the second year. She paid the admission fees for the third year on 05.08.2015 and attended the classes for few days. However, the 2nd respondent informed her that she cannot attend the classes, as she had not cleared all the subjects of the first year. Under these circumstances, the petitioner has approached this court by filing this Writ Petition for appropriate directions

4. The petitioner has also filed two miscellaneous petitions in MP.Nos.1 and 2 of 2015, along with the main Writ petition, seeking for interim directions, namely, (1) to permit her to attend the classes and (2) to direct the respondents to produce the original tabulated mark statement in respect of the petitioner.

5. At the time of admission, this court granted interim direction, directing the respondents to permit the petitioner to attend the third year classes. Since the same was not complied with, the petitioner has come up with the Contempt Petition.

6. Refuting the charges, the respondent has filed a counter affidavit, contending that there is no error in the mark statement and the 2nd respondent has forwarded the request letter of the petitioner without verification and it cannot be the basis of any claim. The requisition of the petitioner was turned down and the mark

























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