C.R.P.(MD).No.2424 of 2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

RESERVED ON: 20.02.2023

DELIVERED ON: 09.03.2023

CORAM

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

C.R.P.(MD).No.2424 of 2022

and

C.M.P(MD).No.11733 of 2022

The Principal

Vivekananda College

Agateeswaram

Kanyakumari District

...Petitioner

Vs

1.Sathiya Moorthy

2.Mr.Chandran

Professor

Vivekananda College

Agasteeswaram

Kanyakumari District

3.The Controller of Examinations

Manonmaniam Sundaranar University

Tirunelveli

...Respondents

PRAYER: The Civil Revision Petition has been filed under Article 227 of

Constitution of India, to call for the records pertaining to the award dated

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C.R.P.(MD).No.2424 of 2023

28.10.2022 passed in P.L.A.Case No.144 of 2022 on the file of Permanent

Lok Adalat, Tirunelveli and set aside the same.

For Petitioner

: Mr.M.Arjunvarman

For R1

: Mr.S.Vellai Chamy

For R2

: No Appearance

For R3

: Mr.Mahaboob Athiff

O R D E R

The present revision petition has been filed by the first

respondent in a Permanent Lok-Adalat Case No.144 of 2022 that was

decided in Permanent Lak-Adalat on 28.10.2022.

2.The first respondent in the revision petition had initiated

proceedings before the Permanent Lok-Adalat, Tirunelveli for a direction

to the Manonmaniam Sundaranar University to release the certificates and

for a further prayer as against the College to make amendments in the

transfer certificate.

3.According to the learned counsel for the first respondent, his

son had joined B.Sc.Chemistry in the petitioner College for the academic

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C.R.P.(MD).No.2424 of 2023

year 2017-2018. He had to complete the course in the academic year

2019-2020. Though the student had secured good marks in the first two

years up to the 4^th Semester, the College administration due to some

personal animosity had not permitted the student to attend the 5^th Semester

Examination and the 6^th Semester Examination which were due in the

academic year 2019-2020. The College administration has issued a transfer

certificate to the candidate with a remark that he had discontinued his

course. The 5^th and 6^th Semester results of the student was withheld and

therefore, the student were requested for releasing the result and issue a

degree certificate.

4.The Controller of Examination of Manonmaniam Sundaranar

University had filed a counter to the effect that the student had lacked

attendance in the 5^th Semester Examination and he had not even paid the

tuition fee for the 6^th Semester Examination. Since the student had not

completed the course, naturally the College administration had issued a

transfer certificate with an endorsement 'discontinued'.

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C.R.P.(MD).No.2424 of 2023

5.The Permanent Lok-Adalat has passed an award directing the

College Management and the University to permit the student to appear for

the 5^th Semester Examination as an arrear examination. The Lok-Adalat

had further directed the University to publish the 6^th Semester Examination

result and issued a fresh transfer certificate without incorporating the word

'discontinued'. This order is under challenge in the present civil revision

petition.

6.According to the learned counsel appearing for the revision

petitioner, though the Permanent Lok-Adalath is empowered to pass orders

on merits, the order could be passed only within the four corners of law.

Where the students lacked attendance, the question of directing the

University to permit the students to appear for examination would be

clearly outside the scope of the powers of Permanent Lok-Adalat. He had

further contended that the candidate had not even paid the fee for the 6^th

Semester Examination. Due to pandemic, the College was conducting

on-line classes. The student had attended the said on-line classes for just

64 days and he attempted to writ