IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 15..12..2008

C O R A M

The Honourable Mr. A.K. Ganguly, Chief Justice

and

The Honourable Mr. Justice K. Chandru

Writ Petition No.22399 of 2008

Dr. G. Krishnamurthy

.. Petitioner

versus

1.

The Vice Chancellor,

Tamil Nadu Dr. Ambedkar Law University,

Chennai.

2.

The Director of Legal Services,

Dr. Ambedkar Law University,

Chennai.

3.

The Controller of Examination,

Tamil Nadu Dr. Ambedkar Law University,

Chennai.

4.

The Principal,

Dr. Ambedkar Law College,

Chennai-104.

5.

The Chief Secretary to the

(*)

Government of Tamil Nadu,

Chennai-9.

6.

The Secretary to Law Department,

Secretariat, Chennai-9.

7.

The Chairman,

Bar Council of Tamil Nadu,

Chennai-9.

.. Respondents

(Respondents 5 & 7 deleted vide suo motu

order dated 11.9.2008 in the writ petition)

Prayer : Petition filed under Article 226 of the Constitution

of India for a writ of mandamus directing the respondents to

conduct M.L. Degree Course Classes as per Rules and

Regulations of Dr. Ambedkar Law University before conducting

examination.

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For Petitioner : No Appearance

For Respondents

: Mr. Raja Kalifulla, Govt. Pleader

O R D E R

( Delivered by The Honourable the Chief Justice )

On the last occasion, there was no representation on behalf of the

petitioner and hence the matter is listed today for dismissal. Today

also, nobody appears for the petitioner at the time of call. But since

this is a public interest litigation, we cannot dismiss the writ

petition for the non-appearance of the petitioner.

2. This writ petition has been filed complaining of poor maintenance

of standards in the M.L. Post Graduate Degree Course in the Tamil Nadu

Dr. Ambedkar Law University. The initial complaint is that no classes

have been conducted for the M.L. Degree Course.

3. A counter affidavit has been filed on behalf of respondents 4 to

6 by one S. Mohamed Abdul Khader, who claims to be the Principal of Dr.

Ambedkar Law College. Strangely, the counter has also been filed in

respect of the Chief Secretary to the State Government, even though the

name of the Chief Secretary has been deleted from the list.

4. In answer to the contention that no classes have been conducted

for the M.L. Degree Course, it is stated in paragraph 13 of the counter

that classes have been held on two days, viz. on 1.9.2008 and 2.9.2008,

but thereafter, the classes could not be held because of the student

unrest. In paragraph 10 of the counter, which has been filed today, it

has been stated that there were mistakes in the question papers, but as

soon as the mistakes were detected, the Professor concerned who is in

charge of the branch of law on which the examination was held corrected

the mistake by going to the examination hall before the students started

writing their answers, and the mistakes are claimed as typographical

errors.

5. The question papers have been annexed to the typed set of papers

and we are extracting hereinbelow the question papers which have been

annexed to the typed set :

"MODERN CONCEPTS AND GENERAL PRINCIPLES OF PROPERTY LAW

PART-A

1. Explain the theory of property.

2. Desclibe the different mode of acquirisition and kinds of ownership.

3. Analyse the importance and essentials of possesion.

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PART-B

4. Exploin the relationship between property and law.

5. Exploin Persion in fact ed in law.

6. Different between owership and possession."

"MODERN INTELLECTUAL PROPERTY LAW

PART-A

1. Dicuss the absolute grounds for Refunal of Regintater of hade maks

and Relature Coumers for refunal for Regstratum of trade Maks.

2. Infingement of hade marks and the remidier available Discuss.

3. Passing off actien – Discuss in the scope and remedier available.

PART-B

1. Well lenoun hehade mark

2. Transborde Repartaitin

3. TRIPS Agreement"

It appears that most of the questions do not make any sense, apart from

the fact