FATHIMA COLLEGE OF PHARMACY Vs. THE CONTROLLER OF EXAMINATIONS TAMIL NAD DR. M.G.R. MEDICAL UNIVERSITY AND ORS.

JUDGEMENT

(1.) HEARD Mr.S.Senthilnathan, learned counsel for the petitioner and Mr. Sanjay Ramasamy, learned counsel appearing for the respondents 1 and 2 and perused the material available on record including the counter affidavit filed by the respondent and the reply affidavit filed by the petitioner.

(2.) THE petitioner is an institution offering B.Pharm. course with the approved intake of 50 students and they have secured approval from the competent authorities. The petitioner/Institution is affiliated to the respondents/University. The order impugned in this writ petition dated 26.06.2014 has been passed by the 1st respondent: -

(3.) A counter affidavit has been filed by the respondents/University elaborately setting out as to what has occurred on the date when the Vigilance Squad of the University inspected the petitioner/Institution on 20.02.2014. The allegation is that when the Convenor and the Member of the Vigilance Squad entered the examination Hall, two unauthorised persons were present in the Hall and they disappeared from the Hall on seeing them. Further allegation is that the Mobile Phone Jammer was not functioning and the CCTV was switched of. It appears that based on this, the University addressed a letter to the petitioner/Institution on 19.03.2014 to send the CD of the CCTV recording to the University on or before 21.03.2014, failing which, it would be construed that the CCTV coverage has not been functioning in the petitioner/Institution. The petitioner/Institution enclosed 9 CDs recorded from the CCTV DVR and the University would state that the recording is not proper and they directed the Chief Superintendent and the Invigilator, who were appointed for the 3rd B.Pharm Degree course examination in the Subject of Pharmaology -I to attend the enquiry on 02.04.2014.