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B.GeethA. Vs. Dr.Ambedkar Law University - Court Judgment

SooperKanoon Citation

Subject

Constitution

Court

Chennai High Court

Decided On

Case Number

Writ Petition Nos.13484, 13551, 13578, 13619 and 13620 of 2012 and MP.Nos.1 to 1 of 2012 in W.P.Nos. 13484, 13551, 13620 of 2012 M.P.Nos. 1 and 2 of 2012 in W.P.No.13619 of 2012

Judge

Acts

Constitution of India - Articles 226

Appellant

B.Geetha

Respondent

Dr.Ambedkar Law University

Appellant Advocate

Mr.B.K.Sreenivasan, Adv.

Respondent Advocate

Mr.T.D.Vasu, Adv.

Excerpt:


[k.chandru, j.] constitution of india - articles 226 -- writ petition filed under article 226 of the constitution of india to issue a writ of mandamus, directing the respondents herein to permit the petitioners to take up the examinations for 1st year b.l. 3 years scheduled to commence on 18.05.2012. the petitioners in all these writ petitions are students of the government law college, chengalpattu......principal is given the power to grant exemption to a student, who has failed to earn 75% of the attendance prescribed and is unable to obtain the certificate of attendance, provided that, the shortage of attendance does not exceed 9% of the working days of the semester; and if the principal considers that the reasons given for failure to keep the prescribed attendance are satisfactory.4. the tabular column containing the attendance particulars of all the petitioners are produced before this court, which reads as under:-5. thus, it is seen that the petitioners do not even come within the exemption power given to the principal and they are far short of the attendance required for writing the examination.6. in the light of the same, the petitioners have not made out a case to write the examination. these writ petitions are misconceived and the same are dismissed. consequently, connected miscellaneous petitions are closed. there is no order as to costs.

Judgment:


Prayer

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the second respondent to consider the petitioner's representation on 14.5.2012 and permit the petitioner to write the second year examination to be held on 17.5.2012 and on subsequent dates and also not to put redo of the classes of fourth semester.

Prayer

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents herein to permit the petitioners to take up the examinations for 1st year B.L. 3 years scheduled to commence on 18.05.2012.

Prayer

Writ Petition under Article 226 of the Constitution of India praying to issue a writ of mandamus, directing the respondents herein to permit the petitioner to take up the examinations for 1st year B.L. 5 years scheduled to commence on 18.5.2012.

COMMON ORDER

1. The petitioners in all these Writ Petitions are students of the Government Law College, Chengalpattu. In W.P.No. 13484 of 2012, the petitioner (B.Geetha) has sought for issuance of Hall Ticket for writing the first year B.L. examination for the academic year 2011-2012. In W.P.No. 13551 of 2012, the petitioner (S.Pasupathi) has sought for a direction to consider his representation dated 14.05.2012 and to permit him to write the second year examination to be held on 17.05.2012 and on subsequent dates and not to insist on redoing the classes of fourth semester. In W.P.No.13578 of 2012, the petitioner (S.Jim Andrews) has sought for a direction to permit him to attend the fourth semester examination, without any hindrance. In W.P.No.13619 of 2012, the petitioners (A.Anand, K.Senthil Kumar, V.Chandrakumar, M.Ealumalai and P.Ramaraj) have sought for a direction to permit them to take up the 1st year B.L. examination (3 years course) scheduled to commence on 18.05.20012 and in W.P.No.13620 of 2012 (A.Tamilmannan) has sought for a direction to permit him to take up the 1st year B.L. Examination (5 years course) scheduled to commence on 18.05.20012.

2. When these Writ Petitions came up on 17.05.2012, this Court by an interim order permitted the petitioners to write their remaining examinations, but, held that their results shall not be declared until further orders and the petitioners should not take advantage of the order and claim any equity.

3. However, when the matters came up today, Mr.P.Sanjai Gandhi, learned Additional Government Pleader (Education) brought to the notice of this Court that the petitioners were informed even at the time of admission that if the candidates do not put in a minimum of 75 per cent attendance during the year, they will not be sent for the University Examination. They have accepted the same and an undertaking was also given by their guardian along with the candidates to the said effect. In the handbook given to the students, it is made clear that no students will be admitted to the next year course, unless, they earned 75% of the attendance. Though, the Principal is given the power to grant exemption to a student, who has failed to earn 75% of the attendance prescribed and is unable to obtain the certificate of attendance, provided that, the shortage of attendance does not exceed 9% of the working days of the semester; and if the Principal considers that the reasons given for failure to keep the prescribed attendance are satisfactory.

4. The tabular column containing the attendance particulars of all the petitioners are produced before this Court, which reads as under:-

5. Thus, it is seen that the petitioners do not even come within the exemption power given to the Principal and they are far short of the attendance required for writing the examination.

6. In the light of the same, the petitioners have not made out a case to write the examination. These Writ Petitions are misconceived and the same are dismissed. Consequently, connected Miscellaneous Petitions are closed. There is no order as to costs.


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