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.24089 & 24091 of 2025 Praveen .. 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 2^nd respondent dated 23.09.2025 dismissing the Petitioner from the college and the consequent letter of the 2^nd 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 3^rd year B.Com graduation in the college of the 2^nd 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 2^nd respondent, dated 23.09.2025 dismissing the petitioner from college and the consequential order of the 2^nd 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 3^rd year B.Com in the 2^nd respondent college.

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

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

2^nd respondent college. The 2^nd respondent college is affiliated to the 1^st 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 5^th semester examination fees for 15 papers through the 2^nd respondent college. On 16.10.2025, the 1^st 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 5^th semester examinations.

3. On 19.09.2025, the 2^nd 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 2^nd respondent to his residential address at Thoothukudi wherein the 2^nd 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.

4. The petitioner would deny all the allegations contained in the letter in question. He would submit that he was not issued with any show cause notice or an enquiry prior to the dismissal order. He would submit that the 2^nd respondent college had intimated the parents about the dismissal without holding an enqiry with them. Therefore, the petitioner has come forward with the writ in question. The petitioner would challenge the order of dismissal on the ground that i