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2025 Supreme(Online)(Mad) 73413

IN THE HIGH COURT OF JUDICATURE AT MADRAS
HONOURABLE MS. JUSTICE P.T.ASHA
Vishal – Appellant
Versus
The Controller of Examinatio – Respondent



BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.11.2025 CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA and W.M.P(MD)Nos.24060 & 24061 of 2025 Vishal .. Petitioner Vs.

1.The Controller of Examination, Manonmaniam Sundaranar University, Tirunelveli.

2.The Principal, St.Alphonza College of Arts and Science, Soosaipuram, Karinkal, Kanyakumar District-629 157. .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Declaration, to declare the oral dismissal order issued by the 2nd respondent dated 23.09.2025 dismissing the Petitioner from the college and the consequent letter of the 2nd Respondent dated 23.10.2025 as illegal and ultra vires to the Constitution of India and consequently direct the Respondents to permit the Petitioner to pursue 3rd year B.Com graduation in the college of the 2nd Respondent.

For Petitioner : Mr.C.K.M.Appaji For R1 : Ms.H.Jasima Yasmin for M/s.Ajmal Associates For R2 : Mr.S.Vashik Ali

ORDER

The petitioner has filed the above writ petition seeking to declare an “oral dismissal order” issued by the 2nd respondent, dated 23.09.2025 dismissing the petitioner from college and the consequential order of the 2nd respondent, dated 23.10.2025 as illegal and ultra vires to the Constitution of India and consequently direct the respondents to permit the petitioner to pursue 3rd year B.Com in the 2nd respondent college.

The petitioner has come to the Court on the following facts :

2. It is his case that he was studying in the 3rd year of B.Com in the

2nd respondent college. The 2nd respondent college is affiliated to the 1st respondent. He would submit that he hails from poor family and he is a first generation student pursuing graduation in the family. The petitioner would submit that his behaviour is impeccable and that he has already written 4 semester exams in B.Com. On 06.10.2025, he has also paid 5th semester examination fees for 9 papers through the 2nd respondent college. On 16.10.2025, the 1st respondent University has also published the examination schedule for the B.Com degree course commencing from

03.11.2025 and he is preparing for the 5th semester examinations.

3. On 19.09.2025, the 2nd respondent college had arranged a combined industrial visit programme for the commerce students. While returning back to the college after the visit, the students had all indulged in singing songs and enjoying the trip as if it is a pleasure trip. While so, the petitioner was surprised to receive a letter dated 23.10.2025 from the 2nd respondent to his residential address at Thoothukudi wherein the 2nd respondent had stated that the petitioner had abused fellow travellers in a drunken mood, obstructed the vehicle from proceeding for over 2 hours and had downloaded photographs from the social media denigrating the teaching staffs and the college. That apart, the letter further stated that he had also displayed photographs of the girls in the whatsapp and intimidated them with filthy language. As a consequence, the Disciplinary Committee, Anti Drug Committee and Executive Committee of the college had jointly met with the parents of the students and showed the proof to the parents and thereafter, the Committee had deliberated on the matter in detail and recommended the dismissal of the petitioner and two of his fellow students. Accordingly, the communication stated that on 23.09.2025, the petitioner was dismissed from the college and the management advised him to collect the Transfer Certificate. It was also alleged in the said letter that the petitioner was pressurising the management and the teachers of the college through outsiders. Therefore, the letter advised the petitioner to collect the Transfer Certificate from the college within a period of 7 days on or before 31.10.2025, or else the certificate would be forwarded to the 1st respondent University.

4. The petitioner would deny all the allegations contained in the letter in question. He would submit tha

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