IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06/09/2007
CORAM
THE HON'BLE MR.JUSTICE M.JAICHANDREN
Writ Petition Nos.6102, 10738 and 26536 of 2005
AND
WPMP. Nos.6644, 11225, 11226, 11458 and 28962 of 2005
B.Vidyalakshmi ..Petitioner in
all the writ petitions.
Versus
1. The Registrar
Tamilnadu Dr.Ambedkar Law University
No.57
Greenways Road
Chennai 28.
2. The Principal
Government Law College
Tirunelveli.
3. The Secretary
State Board of School Examinations
(Higher Secondary)
Office of The Director of Government Examinations
Chennai 6. ..Respondents in
all the writ petitions.
Prayer in W.P.No.6102 of 2005: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents 1 and 2 to permit the petitioner to write the I year Pre-Law Course Examination of 5 year B.L.Degree course and consequently direct the respondent to publish the results.
Prayer in W.P.No.10738 of 2005: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to permit the petitioner to write for I Year Pre-Law Course Examination commencing from 02.12.2005 in the second respondent college.
Prayer in W.P.No.26536 of 2005: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents 1 and 2 to accept the certified copy of mark statement dated 03.08.2004 issued by the 3rd respondent and other certified copy of the certificates and to allow the petitioner to undergo the 5 year B.L.Degree Course in the second respondent college.
For petitioner : Mr.S.Vijayan
For respondents : Mr.V.M.G.RamaKannan (R1)
Mr.K.T.Gopu, Government Advocate (R2 and R3)
O R D E R
Petition in W.P.No.6102 of 2005 has been filed before the Madurai Bench of Madras High Court, seeking for a writ of mandamus, directing the respondents 1 and 2 to permit the petitioner to write the I year Pre-Law Course Examination of 5 year B.L.Degree Course and consequently, direct the respondent to publish the results. This petition has been admitted as early as on 11.07.2005.
2. In the above writ petition, the petitioner filed WPMP.No.6644 of 2005 seeking for an interim direction to the respondents 1 and 2 to permit the petitioner to write the I year Pre-Law Course to be held on 12.07.2005. By an order dated 11.07.2005, the Madurai Bench of the Madras High Court had permitted the petitioner to write the examination scheduled, on 12.07.2005, with a direction not to declare the result of the petitioner, until further orders are passed by this Court.
3. The petitioner had filed another writ petition in W.P.No.10738 of 2005 has also been filed before the Madurai Bench of the Madras High Court, seeking for a writ of mandamus, directing the respondents to permit the petitioner to write the I year Pre- Law Course Examination commencing from 02.12.2005 in the second respondent college. The said writ petition had been admitted on 29.11.2005.
4. The petitioner has also filed WPMP.No.11458 of 2005, seeking for the grant of an interim direction, directing the respondents to permit the petitioner to write the I Year Pre-Law Course Examination, commencing from 02.12.2005, in the second respondent college. By an order, dated 29.11.2005, the Madurai Bench of the Madras High Court had granted the relief as prayed for stating that the said order was being passed without prejudice to the right of the respondents and subject to the final order to be passed in the writ petition.
5. In the meantime, the petitioner had filed W.P.No.26536 of 2005 before the Principal Bench, seeking for a writ of mandamus, directing the respondents 1 and 2 to accept the certified copy of the mark statement, dated 03.08.2004, issued by the third respondent and other certified copies of the certificates and to allow the petitioner to undergo the 5 year B.L.Degree Course in the second respondent college.
6. In the above writ petition, the petitioner had also filed WPMP.No.28962 of 2005, seeking to grant an interim direction, directing the respondents 1 and 2 to permit the petitioner to undergo second year Pre-Law Course of 5 year B.L.degree in the 2nd respondent college, by accepting the fees and other charges. This Court by its order, dated 19.08.2005, had granted the said relief stating that the said order would be subject to the final orders to be passed in the writ petition.
7. Subsequently, on 24.11.2006, based on the request made by the counsel appearing for the petitioner, the petitions in W.P.No.6102 and 10738 of 2005 had been directed to be transferred to the Principal Bench. Accordingly, the matters were transferred and posted before the Principal Bench of the Madras High Court.
8. The facts giving rise to the filing of the present writ petitions are as follows:
8.1 The petitioner who had passed the Higher Secondary Examination in the month of March 2003 had applied for the 5 year B.L.Degree course. Since the petitioner had lost her original mark statements in a fire accident that took place in her house, she had applied for certified copies of the mark statements before the third respondent. The third respondent after due inspection and verification of records had issued the certified copies of the statements. Based on the same, the petitioner had applied for the entrance examination for the Five year B.L.Degree Course. After selection, she was allotted to the Government Law College at Tirunelveli. Thereafter, at the time of admission, she was called upon to produce the original mark statements and certificates. Though the petitioner had submitted that due to fire accident she has lost the original certificates and mark statements, by a memorandum, dated 13.02.2005, the petitioner was called upon to produce the original certificates stating that necessary action would be taken as per the Rules, if the petitioner failed to produce the same. The petitioner was prevented from marking her daily attendance and she was also prevented from taking the first year examination.
8.2. In such circumstances, the petitioner had filed W.P.No.6102 of 2005, before the Madurai Bench of Madras High Court, along with an interim application, seeking for a direction to permit the petitioner to write the I year examination, which was scheduled to be held on 12.07.2005. The said relief was granted to the petitioner. Subsequently, the petitioner filed another writ petition in W.P.No.10738 of 2005, along with an interim application, seeking for a direction to permit the petitioner to write the I year examination, which was scheduled to be held, on 02.12.2005. The said relief was also granted to the petitioner. In the meantime, the petitioner had filed W.P.No.26536 of 2006, before the Principal Bench, seeking for a direction to the respondents 1 and 2 to accept the certified copy of mark statement, dated 03.08.2004, issued by the third respondent and other certified copies of the certificates and to allow the petitioner to undergo the 5 year B.L.Degree Course in the second respondent college.
9. Heard, Mr.S.Vijayan, the learned counsel appearing for the petitioner and Mr.V.M.G.Ramakannan, the learned counsel appearing for R1 and Mr.K.T.Gopu, the learned Government Advocate appearing for R2 and R3.
10. It has been submitted by the learned counsels appearing on either side that in view of the orders passed by this Court in WPMP.No.6644 of 2005 and WPMP.11458 of 2005, no further orders are necessary in W.P.No.6102 of 2005 and W.P.No.10738 of 2005. Hence, the W.P.Nos.6102 and 10738 of 2005 stand closed.
11. In so far as the petition in W.P.No.26536 of 2005 is concerned, the petitioner had submitted that the petitioner has lost the original certificates in a fire accident and hence, necessary directions may be issued to the first and second respondents to accept the certified copies of the mark statements and to publish the results of the 1st and 2nd year of the 5 year B.L.Degree course, based on the certified copies submitted by the petitioner at the time of admission to the 5 year B.L.Degree Course.
12. The learned counsel appearing for the first and second respondents has no objection for the grant of such a relief by this Court.
13. Considering the facts and circumstances of the case and in view of the submissions made by the counsels appearing on either side, the first and second respondents are directed to accept the certified copy of the mark statements of the petitioner relating to the +2 examinations, dated 03.08.2004, instead of the original documents and to release the results of the 1st and 2nd year examinations of the 5 year B.L.Degree course, in which the petitioner is enrolled as a student.
14. The writ petitions are disposed of accordingly. No costs. Consequently, connected WPMPs are closed.
csh
To
1. The Registrar
Tamilnadu Dr.Ambedkar Law University
No.57
Greenways Road,
Chennai 28.
2. The Principal
Government Law College
Tirunelveli.
3. The Secretary
State Board of School Examinations
(Higher Secondary)
Office of The Director of Government Examinations
Chennai 6.