LAWS(MAD)-2008-1-304

A BALAKUMAR Vs. DIRECTOR OF TECHNICAL EDUCATION

Decided On January 04, 2008
A.BALAKUMAR Appellant
V/S
PRINCIPAL Respondents

JUDGEMENT

(1.) THIS writ petition is filed for a direction against the 1st and 2nd respondents to issue Provisional Eligibility Certificate for the admission of the petitioner under Lateral Entry Scheme in the 3rd respondent Engineering College and also to permit the petitioner to sit for the third semester examinations commencing from 04. 11. 2007. The petitioner got admission in the third respondent college in the second year B. E. Course under the Lateral Entry Scheme after completing his Diploma in Electrical and Communication Engineering course in October 2006.

(2.) THE petitioner was admitted in the said course under the NRI quota. The further case of the petitioner is that he is not aware that he was admitted under the NRI quota and was thinking that he was admitted in the normal category and therefore there was no obligation on his part to produce the various certificates which are required for the purpose of issuance of Provisional Eligibility Certificate by the University as well as the Director of Technical Education. It is clear from the instructions issued for the Affiliated Colleges by the Anna University Tiruchirappalli that if a person gets admission under the NRI quota, the following certificates

(3.) ADMITTEDLY, the petitioner has not produced any certificate within the time prescribed in the Prospectus. When the matter came up for admission, it was contended on behalf of the petitioner that the third respondent has received huge amount as fees from the petitioner for admitting him in the second year under the NRI quota and the petitioner was not actually aware of the said fact. Since examinations was to commence on the next day namely 14. 11. 2007 for the third semester, this Court by an order dated 13. 11. 2007 has permitted the petitioner to write the examinations which is scheduled to commence from 14. 11. 2007 in respect of Lateral Entry Category. It was also made clear in the said order that the petitioner should produce the necessary certificates to the second respondent viz. , the Controller of Examination, Anna University within a period of four weeks from the date of receipt of a copy of that order and in default, it is open to the second respondent University to cancel the examinations undertaken by the petitioner pursuant to the orders of this Court. The operative portion of the order dated 13. 11. 2007 is as follows" "4. In view of the same, the second respondent University is directed to permit the petitioner to write the examinations which are to commence on 14. 11. 2007 in respect of lateral entry category. It is made clear that the petitioner who is permitted to write the examination shall produce the necessary certificates to the second respondent within four weeks from today and in default, it is open to the second respondent University to cancel the examinations undertaken by the petitioner pursuant to the orders of this court. "