Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the records relating to the impugned order of the second respondent in F.No. NIS /4-79/Aca /Stud. Corres /2020 dated 18.09.2020 and quash the same in so far as the reckoning of the break in study period as 422 days and denial of the stipend from 01.11.2021 to 26.12.2022 is concerned and direct the Respondents to reckon the break in study period as 7 months and 26 days (25-07-2019 to 11.03.2020) as reckoned and condoned by the First Respondent University in Lr.No.ACIII (1) / 15375 / 2020 dated 14.09.2020 and consider the 186 days from 11.03.2020 to 18.09.2020 as study period and accordingly restructure the petitioner’s course period and pay stipend for the said period and also from 01.11.2021 till the date of completion of his course and allow him to appear in the examinations by reckoning the said period from 11.03.2020 to 18.09.2020 as study period within a time limit to be stipulated by this court.

O R D E R

This Writ Petition has been filed challenging the impugned order of the second respondent in F.No. NIS /4-79/Aca /Stud. Corres /2020 dated 18.09.2020 and quash the same insofar as the reckoning of the break in study period as 422 days and denial of the stipend from 01.11.2021 to 26.12.2022 is concerned and for a consequential direction to the respondents to reckon the break in study period as 7 months and 26 days (25-07-2019 to 11.03.2020) as reckoned and condoned by the first respondent University in Lr.No.ACIII (1) / 15375 / 2020 dated 14.09.2020 and consider 186 days from 11.03.2020 to 18.09.2020 as study period and accordingly, restructure the petitioner’s course period and pay stipend for the said period and also from 01.11.2021 till the date of completion of his course and allow him to appear in the examinations by reckoning the said period from 11.03.2020 to 18.09.2020 as study period within a time limit stipulated by this Court.

2. The petitioner is studying M.D.Siddha Degree Course in the National Institute of Siddha, Tambaram Sanatorium, Chennai, which is affiliated to Tamil Nadu Dr.MGR Medical University. His duration of course was for three years i.e., from 01.11.2018 to 31.10.2021. He had to go on a break from 25.07.2019 and submitted an application for leave on loss of pay. Thereafter, he sent a request to the second respondent to condone the break in study and allow him to rejoin and continue the course on 27.02.2020, which was forwarded to the first respondent University on 11.03.2020. Pursuant to the same, the first respondent asked the petitioner to pay a sum of Rs.17,700/- for condonation of break in study, which was paid and thereafter, by a communication dated 14.09.2020, the period of break in study for a period of 7 months and 16 days was condoned permitting him to continue the balance period of first year course of study, in which, the petitioner discontinued the course. It was also informed that the petitioner is not entitled for stipend during the break in study period.

3. The petitioner challenges the impugned order dated 18.09.2020 on the ground that the break in study period is only for a period of 7 months and 16 days ie., from 25.07.2019 to 11.03.2020, however in the impugned order the break in study period has been calculated as 422 days ie., for the period from 25.07.2019 to 18.09.2020. It is the contention of the petitioner that the period taken by the first respondent University to condone the period of break-in-study has been reckoned as break, which ought not to have been calculated as the petitioner cannot be penalised for the administrative delay caused on the part of the first respondent University and on that ground, he cannot be denied the stipend. He also challenges the extension of his course period reckoning the break in study period, for no fault of him, of course there was break-in-study but not for the huge period as calculated by t