Minor Achsah Steffi Rep. by her Father and Natural Guardian A. John Chandra Mohan v. The Registrar Tamil Nadu Veterinary and Animal Science University Madhavaram Milk Colony, Chennai & Others
2009-12-16
N.PAUL VASANTHAKUMAR, R.BANUMATHI
body2009
DigiLaw.ai
Judgment R. BANUMATHI, J. Being aggrieved by dismissal of writ petition in W.P.No.17437 of 2009 and declining the direction for admission to the minor writ petitioner to B.V.Sc., Course under NRI quota during the Academic year 2009-2010, appellant has filed his writ appeal. 2. Brief facts are that petitioners / appellants father is a Non Resident Indian (NRI). In the year 1982, minor petitioners / appellants father was appointed as Junior Officer in Indian Shipping Company and thereafter, he worked under various companies under different flags. According to petitioner/appellant, since 1996 he was working as Captain / Master in on board merchant vessels under different flags. Appellants father is stated to be working in Bernhard Schutle Ship Management (China) Company Limited, Shanghai, China. The appellant applied for B.V.Sc., Course for the academic year 2009-2010 and 5 seats were allotted under NRI quota. 3. Clause 2.7 of the Guidelines prescribe the method of selection for admission under NRI quota. As per the said guidelines, anybody applies under NRI quota, has to produce the following documents: i."NRI Status Certificate of the financial supporter issued by the Indian Embassy of the respective country under their seal. ii. Certificate of relationship between the NRI financial supporter and the certificate issued by the competent authority. Valid Indian Passport of the NRI Financial Supporter. iii. NRE (Non resident External) Bank account passbook of the Financial supporter iv. Evidence for payment of Development charges of US $ 1000/-to the college by the NRI Financial Supporter (one time payment at the time admission only)." 4. The appellant submitted an application on 11.07.2009 along with enclosures as specified in clause 2.7 of the Guidelines, except NRI Status Certificate issued by the Indian Embassy. According to the appellant, her father is a Mariner and he is sailing in the Sea and therefore, it is not possible for the appellant to get NRI status certificate from the Indian Embassy. Instead of NRI status certificate issued by Indian Embassy, appellant has enclosed a certificate showing that her father is maintaining NRI status for five years and also NRI Bank Account particulars, copy of the Passport, letter from the Shipping Company and record of service on board ships of her father were submitted. The application of the appellant was rejected by the respondents on the ground that the appellant has not submitted NRI status certificate. 5.
The application of the appellant was rejected by the respondents on the ground that the appellant has not submitted NRI status certificate. 5. Rejection of application was challenged in W.P.No.17437 of 2009. After referring to the guidelines and G.O.Ms.No.162 of Higher Education (J1) Department dated 02.06.2009 as well as the prospectus, the learned single judge dismissed the writ petition holding that the appellant was not treated as NRI candidate. 6. We have heard Mr.AR.L.Sundaresan, learned Senior Counsel for the appellant and Mr.S.Vijayakumar, learned counsel appearing for the respondents. 7. The learned counsel for respondents Mr.S.Vijayakumar submitted that First Semester has already been commenced on 10.08.2009 and First Semester Examination is scheduled to be held by the end of December 2009. The learned Senior Counsel Mr.AR.L.Sundaresan for the appellant submitted that since the course has already commenced and the first Semester examination is scheduled to be held by the end of December 2009, writ appeal may be dismissed leaving the issues open. The learned Senior Counsel would submit that the issues may be left open for the petitioner/appellant to be agitated in the next academic year 2010 – 2011. 8. Accordingly, the writ appeal is dismissed and the issues are left open. No costs. Consequently, M.P.No.1 & 2 of 2009 are closed.