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Minor E.B.Sunandha vs The Dean (Agriculture)

Madras High Court|28 July, 2009

JUDGMENT / ORDER

Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent.
2. By consent of the parties, the writ petition is taken up for final hearing and disposal.
3. The father of the petitioner has filed the affidavit in support of the writ petition stating that his daughter, E.B.Sunandha, had completed her Higher Secondary Education, by obtaining 1103 marks out of 1200 marks, in the Higher Secondary Examinations conducted in the March, 2009. Based on the marks secured by her, she had applied for admission in B.Sc. (Agri.) Course, through the Single Window Admission System, conducted by the Tamil Nadu Agricultural University, Coimbatore. The petitioner was called for counselling, on 24.6.2009. During the counselling held on 24.6.2009, she was informed by the Selection committee that there was no vacancy in the B.Sc., (Agri.) Course in the Coimbatore Campus, as all the 42 seats, allotted for the backward class community, had been filled up.
4. It has been further stated that the petitioner's daughter, E.B.Sunandha, was asked to choose a seat in any one of the other campuses. Therefore, she had chosen Madurai Campus. Accordingly, she was allotted a seat in B.Sc. (Agri.) Course in Madurai Campus. It has been further stated that the counselling for admission in B.Sc. (Agri.) Course had been completed, on 28.6.2009, and the selected candidates were directed to submit their original certificates, on or before 7.7.2009. Even though the petitioner's daughter had requested for admission in B.Sc. (Agri.) Course, in the Coimbatore Campus of the Tamil Nadu Agricultural University, her request had not been considered. Even though the petitioner's daughter had 182.50 as the cut off mark, candidates who have obtained cut off marks of 171 and below have been allotted seats in the Coimbatore Campus. In such circumstances, the petitioner has preferred the present writ petition before this Court, under Article 226 of the Constitution of India.
5. Mr.N.Jothi, the learned counsel appearing on behalf of the respondent University, had submitted that the petitioner's daughter, E.B.Sunandha, had given an undertaking, dated 24.6.2009, stating that she was willing to join in the B.Sc. (Agri.) Course at the Agricultural College and Research Institute, Madurai. She had also stated that she would not claim for any other course at a later date and that she was fully aware that further change of course or campus would not be entertained. The undertaking had also been signed by her parent. In her application, dated 29.5.2009, for admission to Undergraduate Degree Programs, for the academic year 2009-2010, conducted by the Tamil Nadu Agricultural University, Coimbatore, she had declared that she would be willing to study in the campus to which she would be allotted. The learned counsel had also submitted that there is no vacancy in the Coimbatore Campus of the Tamil Nadu Agricultural University, as on date. The admissions for the B.Sc. (Agri.) Course are over and the classes for the said course have started. Therefore, the request of the petitioner cannot be considered.
6. In replying to the submissions made by the learned counsel appearing for the respondent University, the learned counsel for the petitioner had submitted that requests made by some of the candidates, for shifting of campus, have been considered by the respondent University. Even though the petitioner's daughter, E.B.Sunandha, cannot make a demand for shifting her from the Madurai Campus to the Coimbatore Campus, to pursue her B.Sc. (Agri) Course, as a matter of right, her request may be considered by the respondent University, as and when vacancies may arise.
7. In view of the submissions made by the learned counsels appearing on behalf of the petitioner, as well as the respondents, this Court is of the view that the petitioner has not shown sufficient cause or reason for granting the reliefs, as prayed for in the present writ petition. There is no dispute that the petitioner cannot ask for shifting of campus, to pursue her B.Sc. (Agri.) Course, as a matter of right. In fact, she has given an undertaking to the respondent University that she would not make such request and that she would be willing to pursue her B.Sc.(Agri.) Course in the campus allotted to her. Further, she had also made a declaration in her application for admission to Undergraduate Degree Programs, for the academic year 2009-2010, in the Tamil Nadu Agricultural University, that she would be willing to study in the campus to which she is allotted. In such circumstances, the writ petition is liable to be dismissed. Hence, it stands dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.
csh To The Dean (Agriculture) and Chairman Admissions Agricultural College & Research Institution Tamil Nadu Agricultural University, Coimbatore 641 003
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Title

Minor E.B.Sunandha vs The Dean (Agriculture)

Court

Madras High Court

JudgmentDate
28 July, 2009