IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-01-2026

CORAM

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

and WMP No. 16486 of 2024

Miss.S.Harshitha

Minor, Rep. by his Father, Mr.P.Sukumar,

No.254, 3^rd Main Road,

TNHB Colony, Velacherry, Chennai-600 042.

Petitioner

Vs

1. The Registrar,

Tamil Nadu Dr.Ambedkar Law University,

“Poompozhil”, 5, Dr.D.G.S. Dinakaransalai,

Chennai-600 028.

2.The National Institute of Open Schooling,

Regional Centre,

Lady Willingdon Campus,

Kamarajar Salai,

Triplicane, Chennai-600 005.

3.The Chairman,

National Institute of Open Schooling,

A-24/25, Institutional Area, Sector-62,

Noida District,

Gautam Budh Nagar, Uttar Pradesh-201 309. (R-3 Suo Motu Impleaded dated 27.06.2024

made in W.P.No.15166/2024 BY ASMJ)

Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus, directing the first respondent to consider the representation of the petitioner dated 03.06.2024 and issue direction appropriate to the first respondent to permit the petitioner to attend the counseling for the LLB. (Hons) Degree Course for the academic year 2024-25, after publication of the result by the second respondent in respect of the examinations conducted

during the month of May, 2024.

For Petitioner: Mr.S.Arun Mathew For R1: Mr.A.Thiyagarajan, Senior Counsel assisted by Mr.M.Nallathambi For R2 & R3 Mr.Thirunavukarasu

ORDER

The prayer in the writ petition is to consider the representation of the petitioner dated 03.06.2024 and to issue a direction to the first respondent to permit the petitioner to attend the counselling for the LL.B. (Honours) degree course for the academic year 2024–2025 after publication of the result by the second respondent in respect of the examinations conducted during the month of May 2024.

2. When the matter came up for hearing today, it is represented by the learned counsel for the petitioner that subsequently the petitioner attended the counselling in respect of some other course and has joined and pursuing the said course and therefore the original prayer in the writ petition does not survive

3. However, an apprehension was expressed with reference to two matters. Firstly, that the second respondent, namely the National Institute of Open Schooling, should declare the results in time so that students like the petitioner are not affected in further participation in selections.

4. In that regard, the learned counsel appearing for the second and third respondents would point out paragraph No.4 of the additional affidavit filed on behalf of the Chairman of the National Institute of Open Schooling. The following is the undertaking given, which is extracted hereunder for ready reference:

“4. The NIOS does not have infrastructure of its own and therefore shares the infrastructure and human resources of the institutions established by the Central and State Govt. Institutions., Public Sector and Private Sector Institutions to conduct its examinations without disturbing their academic schedule.

In view of the above reasons, the NIOS does not conduct its examination and declare the results on par with other State and Central Boards. Further, this year particularly the 2024 NIOS Public Examination has been scheduled and conducted late due to General Elections 2024. It is also submitted that NIOS will take all its measures to conduct the examination and release the results as it would not disturb the candidates’ admission to any professional and Non professional courses in future.”

5. The said undertaking is recorded. The second respondent Institute shall do well to declare the results well in time. Secondly, it is also brought to the notice of this Court that they have pleaded lack of infrastructure and other enabling environment for declaration of results in time. In that regard, even if the second respondent institution or the third respondent approaches the appropriate Ministry, namely the Ministry of Education, Government of India, the Ministry shall consider the request