A.Balakumar v. The Director of Technical Education

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE : 17.04.2008CORAMTHE HONOURABLE MR. JUSTICE S.J.MUKHOPADHAYAANDTHE HONOURABLE MR. JUSTICE M.VENUGOPALW.A. NO. 175 OF 2008ANDM.P. NO. 1 OF 2008A.Balakumar.. Appellant/Petitioner- Vs -1. The Director of Technical Education Chennai 600 025.2. The Controller of Examination Anna University, Guindy Chennai 600 032.3. The Principal A.R.J. College of Engineering & Technology Edayanatham Thirumakottai Main Road Mannargudi Thiruvarur District... Respondents/RespondentsWrit Appeal filed U/C 15 of the Leters patent against the orderdated 4th Jan., 2008, passed by learned single Judge in W.P. No.35011of 2007. This Writ Petition filed under Art 226 of the constitutionof India praying for the issuance of a Writ of Mandamus directing therespondents 1 and 2 herein to issue the provisional EligibilityCertificate for his admission under Lateral Entry Scheme in the SecondYear ECE in the 3rd respondent college on production of necessarycertificates.For Appellant: Mr. V.BhimanFor Respondents: Mr.G.Sankaran Spl.G.P.for R-1 Mr. Mani Sundar Gopal for M/s. G.M. Mani Associates for R-2 https://hcservices.ecourts.gov.in/hcservices/ JUDGMENTS.J.MUKHOPADHAYA, J.The appellant/petitioner has preferred the writ petition fordirection on respondents 1 and 2 to issue provisional eligibilitycertificate for his admission under Lateral Entry Scheme in the 2ndyear ECE course in the 3rd respondent college on production ofnecessary certificate. 2. The petitioner got admitted in the 3rd respondent college inthe 2nd year B.E. course under the Lateral Entry Scheme against a NRIquote after completing his Diploma in Electrical and CommunicationEngineering course in October, 2006. As per procedure, he was toobtain a provisional eligibility certificate from the Anna Universityand in turn the Director of Technical Education, Government of TamilNadu has to approve the same. As per instruction issued for theaffiliated colleges by the Anna University a person gets admissionunder the NRI quota, the following certificates are to be producedalong with application form, viz.,"1. Sponsorship Letter (in original);2. Relationship Certificate obtained from Tahsildaror Revenue Officials (in original);3. Employer Certificate (in original);4. Evidence for the payment of development chargesof US$ 1000 to the college (photo copy);5. Statement of Bank A/c. of sponsor with NRE A/cNo. (photo copy);6. Embassy Certificate of sponsor (in original) /PIO Card;7. Nativity Certificate of the sponsor (inoriginal);8. Copy of passport of sponsor;9. Attested copies of Mark Sheet and TransferCertificate."3. Admittedly, the petitioner did not produce most of thecertificates within the time prescribed in the prospectus, inspite ofgrant of further time in his favour. When the examination of the 3rdsemester was to commence on 14th Nov., 2007, he having not grantedadmit card (hall ticket), moved before the court and by court's orderdated 13th Nov., 2007, he was allowed to appear in the saidexamination. It was made clear in the order that the petitionershould produce the necessary certificate to the 2nd respondent, theController of Examination, Anna University, within four weeks from thedate of receipt of a copy of that order and in default it was open tothe 2nd respondent, University, to cancel the examination undertaken bythe petitioner pursuant to the order of the court. In the said writpetition, a petition for extension of time was filed for production of https://hcservices.ecourts.gov.in/hcservices/ various records, which was allowed, but one document could not beproduced, viz., Embassy Certificate of Sponsor (in original)/PIO Cardfrom Singapore for which step was taken, but he could not receive thedocument. Later on, beyond the prescribed period given by the Courthe could obtain the certificates, but finally the court did not allowtime and dismissed the writ petition by impugned order dated 4th Jan.,2008.4. Learned counsel appearing on behalf of the appellant, whilemade detailed submissions showing ground for not filing the documentin time and submitted that inspite of his application within time, thepetitioner could not get many documents from the Embassy. It wasfurther submitted that the documents having now been obtained, theUniversity should accept the same for grant of provisional eligibilitycertificate.According to the learned counsel for the University, the writpetition was rightly dismissed as the petitioner could not produce allthe documents within time.On the other hand, according to the learned Addl. GovernmentPleader appearing for the State, in absence of any provisionaleligibility certificate granted by the University, the competentauthority of the State, viz., Director of Technical Education, cannottake any decision in one or the other way.5. We have heard the learned counsel for the parties and noticedthe rival contentions. We have also gone through the admissionprocedure pursuant to which the petitioner was granted admission.6. It appears that those who are admitted against NRI quote, forthem certain guidelines have been prescribed by the Government ofTamil Nadu vide G.O. Ms. No.109 dated 10th April, 2002, as modifiedvide G.O. Ms. No.212 dated 18th June, 2006. Following criteria hasbeen laid down therein :-"(i) Candidates are required to have passed HigherSecondary Examination (10 + 2 pattern and equivalent);(ii) NRI financially supporting the candidate mustbe a blood relation such asfather/mother/brother/sister/uncle/aunt, et.;(iii) The applicants for admission under NRI quotashall not have completed 21 years of age on 1st July ofthe respective academic year; and(iv) Candidate must furnish xerox copies of thefollowing supporting documents :-(a) NRI status certificate of the financialsupporter issued by the embassy of respectivecountry under their seal.(b) NRI Bank account pass book of the financialsupporter. https://hcservices.ecourts.gov.in/hcservices/ (c) Passport of the financial supporter.(d) Nativity Certificate of the financialsupporter.(e) Evidence for payment of development chargesof US$ 1000."If the aforesaid documents are submitted, the affiliated collegesare supposed to forward the matter to the University so as to enablethe University to scrutiny the documents for issuance of provisionaleligibility certificate. It is only when the provisional eligibilitycertificate is issued by the University, the Director of TechnicalEducation, Government of Tamil Nadu, taking into consideration suchcertificate, approve the admission of the student.7. It has not been disputed that the admission of the petitionerhas not yet been cancelled and he is still pursuing study in thecollege. The question of approval of admission by the Director ofTechnical Education, Government of Tamil Nadu will arise only when theUniversity issues a provisional eligibility certificate. TheUniversity has not accepted the certificate, which has been obtainedby the petitioner much later on by the order of the court, merely onthe ground that the court has not extended further time. Taking intoconsideration the aforesaid fact, particularly when the petitioner isstill pursuing study in the college in question and when his admissionhas not yet been cancelled and that he applied within time after theorder of the court, but because of delay by the Embassy he could notproduce the certificate within time, we are of the view that thepetitioner should be given opportunity to produce all those documentsbefore the University.8. We, accordingly, allow one month time to the petitioner(appellant herein) to produce all those relevant certificates requiredto be produced, but not yet produced, before the concerned officer ofthe University. The University, in its turn, is directed to gothrough the documents and pass appropriate order regarding grant ofprovisional eligibility certificate within 15 days from the date ofreceipt of such documents. If such certificate is granted in favourof the petitioner, the same be forwarded to the Director of TechnicalEducation immediately, who, in its turn, will pass appropriate orderswithin 15 days thereof.It is made clear that if the petitioner has already produced thedocuments, the University will take steps immediately as per our orderaforesaid.So far as the petitioner is concerned, if he fails to produce thedocuments within the time prescribed above, the college may take stepsfor cancellation of admission, treating his admission not approved bythe authorities.9. The order dated 4th Jan., 2008, passed by learned single Judge https://hcservices.ecourts.gov.in/hcservices/ in W.P. No.35011 of 2007 is set aside. The writ appeal is allowedwith the aforesaid observations and directions. Consequently,connected miscellaneous petition is closed. But there shall be noorder as to costs.Sd/Asst.Registrar/true copy/Sub Asst.Registrar GLNTo1. The Director of Technical Education Chennai 600 025.2. The Controller of Examination Anna University, Guindy Chennai 600 032.+1cc to Mr.V.Bhiman, Advocate Sr 21831+1cc to M/s.G.M.Mani Associates Sr 21989CK (CO)km/21.4. W.A. NO. 175 OF 2008