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2022 DIGILAW 2434 (MAD)

Anandhi v. Law Secretary, Government of Tamil Nadu

2022-07-29

ABDUL QUDDHOSE

body2022
ORDER : (Prayer: Writ petition filed under Article 226 of the Constitution of India for writ of Mandamus directing the 2nd to 4th respondents to accept the Petitioners application and permit the petitioner to write the 1st semester examination which is going to be start on 01.08.2022.) This writ petition has been filed for a mandamus seeking for a direction to the respondents 2 to 4 to accept the petitioner's application and permit the petitioner to write the first semester examination in 3 years LLB Course conducted by the respondent University which is scheduled to commence from 01.08.2022 onwards. 2. Mr.B.Vijay, learned Additional Government Pleader accepts notice on behalf of the first respondent and Mr.M.Nallathambi, learned standing counsel accepts notice on behalf of the respondents 2 and 3. By consent of both parties, this writ petition is taken up for final disposal in the admission stage itself. 3. The petiitoner has completed her B.Com. & C.A., at A.G. College at Avinasipalayam affiliated to Bharathiar University and obtained 76.8% marks. thereafter, she joined the third respondent college for this academic year as first year student in three years L.L.B. course. According to the petitioner, the second respondent is scheduled to commence the first semester examination on 01.08.2022 and fixed the last date for filing applications for examination through online as 21.07.2022. According to the petitioner, she applied through online for the said examination on 21.07.2022 and uploaded the relevant documents/photos and she paid a sum of Rs.675/- as examination fee through online. But according to her, she was informed by her college officials that she is not allowed to write her first semester examination which is scheduled to commence from 01.08.2022 onwards because her online application was not processed and accepted by the first respondent. According to the petitioner on receipt of the said information, she approached the bank where she got information that her application fee of Rs.675/- was returned on 26.07.2022 and thereafter, she has given a representation to the respondents 2, 3 & 4 on 28.07.2022 seeking permission to write her first semester examination which is scheduled to commence from 01.08.2022 onwards. 4. Heard Mr.V.Ashok Kumar, learned counsel representing Mr.N.Stalin, learned counsel for the petitioner, Mr.B.Vijay, learned Additional Government Pleader appearing for the first respondent and Mr.M.Nallathambi, learned standing counsel for the second and third respondents. 5. 4. Heard Mr.V.Ashok Kumar, learned counsel representing Mr.N.Stalin, learned counsel for the petitioner, Mr.B.Vijay, learned Additional Government Pleader appearing for the first respondent and Mr.M.Nallathambi, learned standing counsel for the second and third respondents. 5. Learned Standing Counsel appearing for the second and third respondents on instructions would submit that the application submitted by the petitioner was not received by the respondents and that is the reasons for not issuing the hall ticket in favour of the petitioner. 6. Learned counsel for the petitioner would submit that the petitioner is having sufficient attendance for writing the examination and the petitioner is also prepared to pay any penalty for the late payment of examination fees. The said statement is recorded. 7. The petitioner has filed documents along with this writ petition to prove that she is a student in the fourth respondent college. The first semester examination of LLB three years course is scheduled to commence from 01.08.2022 onwards. Since the petitioner categorically contends that she has been attending the college regularly and she has sufficient attendance to write the examination and she also undertakes to pay penalty amount, if any for delayed payment of the examination fee, no prejudice would be caused to the respondent, if the petitioner is allowed to write the first semester examination scheduled to held from 01.08.2022. 8. Learned Standing Counsel for the third respondent University would also fairly submit that if the petitioner is having sufficient attendance, she will be allowed to write the examination provided she pays the late payment fee payable to the third respondent University for writing the examination. 9. For the foregoing reasons, this Court directs the fourth respondent to issue hall ticket in favour of the petitioner for writing first semester examination of her three years LLB Course scheduled to commence on 01.08.2022 onwards on or before 10.00 am from 01.08.2022. However, it is made clear that the petitioner will have to pay the late payment fee, if any before completion of the first semester of three years L.L.B. Course examination. 10. With the aforesaid direction, this writ petition is disposed of. No costs.