P RUBAN JAYAGAR Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) PETITIONERS seek writ of mandamus directing the Respondents to permit the students to complete the course for the year 2004-05 and consequently direct the Authorities to permit the PETITIONERS to write the second year examinations.

(2.) BRIEF facts which led to filing of writ petition are as follows: (i) 5th Respondent institute is an aided institution in which there are total of 40 seats. 50% viz. , 20 seats is filled by the Management and other 50% viz. , 20 seats is filled by the State quota for which students will be sponsored by the Government. 5th Respondent Institution was started by C. S. I, Vellore Diocese consisting of the representative of Madras, Arcot and Vellore Diocese. The management of the institution was governed by a committee constituted by the general body-5 members each from Vellore Diocese and Madras Diocese and one member from Arcot, Principal of the institution and the headmaster of model school. The correspondence is not a member of the management committee. (ii)Deivasigamani-Respondent No. 29 was appointed as correspondent, by the general body for a period of five years w. e. f 23. 06. 1998 and in terms of the said agreement period of Respondent No. 29 came to end on 22. 06. 2003. Having completed his period of term, the Respondent No. 29 failed to surrender his position and continued to claim himself as correspondent even though the newly constituted valid committee as per the bye-laws also removed him in the meeting held on 26. 02. 2003. There were number of litigations between the governing body and Respondent No. 29. (iii) As there was a dispute between governing body of the society and the Respondent No. 29 each claiming right to admit the students under management quota, the State Government stopped sponsoring names for filling up the State quota from the year 2002 onwards. The position for 2003-2005 is that the Petitioners (18 in number) are students admitted by the governing body and 23 students viz. , Respondents 6 to 28 were students admitted to Teacher Training Diploma Course in 2004-2006. As Petitioners were denied permission to appear for the second year examination, the Petitioners filed present W. P. 25204/2005 in August 2005, and interim directions were passed in WMP 27596/2005 permitting Petitioners to appear for second year examination. W. A. No. 2123/2005: Challenging the interim order, Respondent No. 29 and the said 23 students admitted by him filed the writ appeal. For the year 2004-2006, Respondent No. 29 admitted 23 students (Respondents 6 to 28 in the writ petition). In the writ appeal interim direction was granted admitting both group of students viz. , Petitioners as well as Respondents 6 to 28 to appear for the exams. Writ appeal was disposed of with a direction that main W. P. 25204/2005 to be disposed of expeditiously, until then result of both set of students should not be published.

(3.) LEARNED counsel for Petitioners submitted that the Petitioners have completed two years course as they have paid the necessary requisite fees and only Petitioners are bonafide students. LEARNED counsel would further submit that as per interim direction Petitioners have appeared for second year examination and the Petitioners are in the group of students who had completed the course in 2005 and awaiting for declaration of results. It was further submitted that students subsequently admitted during the year 2005-2007 faced similar problems like them and that there were two sets of admission one by the governing body of the society and another by the erstwhile correspondent Deivasigamani-Respondent No. 29 and both set of students filed W. P. No. 32126/2007 and W. Ps. 9958/2007 for permission to appear for examinations and declaration of results and they have been permitted to appear for examinations.