Judgment · High Court

IN THE HIGH COURT OF JUDICATURE AT MADRASDATE: 30-06-2009CORAMTHE HONOURABLE MR.JUSTICE M.JAICHANDRENWrit Petition No.28758 of 2008 andM.P.No.1 of 2008K.Shrikant.. Petitioner. Versus1. The Director of Technical Education, Anna University Campus, Guindy, Chennai-600 025.

The Additional Director of Technical Education, and Chairman, Board of Examinations, Department of Technical Education, Anna University Campus, Guindy, Chennai-600 025.

Arulmigu Chandigeswarar Polytechnic College, Karumathampatti, Coimbatore-641659,Represented by its Principal... Respondents. Prayer: Petition filed seeking for a writ of Certiorarified Mandamus, calling for the records of the third respondent culminating in hisimpugned order of suspension REF ACPC/wus/006/06, dated 30.10.2006,and quash the same and direct the respondents to permit thepetitioner to attend the VI Semester classes in the three yearDiploma course in Instrumentation and Control Engineering in thethird respondent College and to write the VI Semester Examinationsconducted for the said Course by issuing a Hall ticket to thepetitioner for the same. For Petitioner : Ms.M.DeepaFor Respondents : Ms.Dakshayani Reddy Government Advocate (R1 & R2) Mr.D.Anandan (R3)

O R D E RThis writ petition has been filed by the petitioner praying thatthis Court may be pleased to issue a Writ of CertioararifiedMandamus, to call for the records of the third respondent, dated30.10.2006, suspending the petitioner from the third respondentinstitution and to direct the respondents to permit the petitioner toattend the VI Semester classes in the three year Diploma course in https://hcservices.ecourts.gov.in/hcservices/ Instrumentation and Control Engineering, in the third respondentCollege. 2. It has been stated that the petitioner had been admitted tothe three year Diploma course in Instrumentation and ControlEngineering in the third respondent College for the years, 2004-2007.The petitioner had appeared in the examinations conducted for thefirst four semesters and in the three practical papers and two theorypapers in the V Semester. While so, the petitioner had been falselyimplicated, in a case of of ragging alleged to have taken place, on30.10.2006. A First Information Report had been given and it had beenregistered as Crime No.406 of 2006, on the file of the Karumathampatti Police Station, under Section 147, 323 and 379 of the Indian Penal Code read with Section 4 of the Tamil Nadu Prohibitionof Ragging Act, 1997. 3. Thereafter, the petitioner had been served with thesuspension order issued by the third respondent and the petitionerwas not allowed to write the third theory examination for the Vsemester, held, on 3.11.2006. However, the petitioner had not beenserved with an expulsion order by the third respondent, till date. The order of suspension, dated 30.10.2006, had been passedarbitrarily, without conducting an enquiry and without giving anopportunity to the petitioner to put forth his case. In suchcircumstances, the petitioner has preferred the present writ petitionbefore this Court, under Article 226 of the Constitution of India.

At this stage of the hearing of the writ petition, thelearned counsel appearing on behalf of the petitioner had placedbefore this Court a letter from the Principal of the third respondentCollege, dated 11.2.2009, pursuant to the communication issued by the Principal Secretary/Commissioner of Technical Education and Chairman, which is as follows: "With reference to your request for re-admission. We have forwarded your request to the Commissioner of Technical Education. Considering as a special case the Board of Examination has given permission for re-admission inthe Academic Year 2009-10 subject to the condition ofsatisfying the requirement of attendance as per rulesand regulations. So your are requested to meet the Principal in Person regarding your re-admission at the earliest. "In such circumstances, the learned counsel appearing for thepetitioner had submitted that no further orders are required to bepassed in the present writ petition. https://hcservices.ecourts.gov.in/hcservices/

In view of the submissions made by the learned counsel forthe petitioner, this writ petition stands closed. No costs. Consequently, connected M.P. is closed. cshSd/Asst. Registrar/true copy/Sub Asst. RegistrarTo1. The Director of Technical Education, Anna University Campus, Guindy, Chennai-600 025.2. The Additional Director of Technical Education, and Chairman, Board of Examinations, Department of Technical Education, Anna University Campus, Guindy, Chennai-600 025.+ 1 cc to the Government Pleader, SR No.27334+ 1 cc to Mr. S. Udayakumar, Advocate SR No.27388RB(CO)SR/24.7.2009Writ Petition No.28758 of 2008