Madras High Court
J.Dharshana Stephy vs The Tamil Nadu Teachers Education ... on 18 November, 2022
W.P(MD)No.8665 of 2014
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 18.11.2022
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)No.8665 of 2014
and
M.P(MD)No.1 of 2014
J.Dharshana Stephy ... Petitioner
Vs.
1.The Tamil Nadu Teachers Education University,
Lady Willingdon College Campus,
Kamarajar Salai,
Chennai-600 005,
Represented by its Registrar.
2.Good Shepherd College of Education,
Holy Cross College Road,
Nagercoil-4,
Kanyakumari District-629 004,
Represented by its Correspondent.
3.The Principal,
Good Shepherd College of Education,
Holy Cross College Road,
Nagercoil-4,
Kanyakumari District-629 004. ... Respondents
1/6
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W.P(MD)No.8665 of 2014
PRAYER : Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Certiorarified Mandamus,
calling for the records of the third respondent, pertaining to his order in
letter No.Nil, dated 16.04.2014, on his file, issued to the petitioner,
quashing the same and directing the respondents to permit the petitioner
to take the B.Ed. Degree Examinations of May-June, 2014, conducted by
them, condoning the shortage of attendance for the petitioner.
For Petitioner : M/s.K.P.Narayanakumar
For R-1 : M/s.F.Deepak
For R-2 & R-3 : M/s.Mohamed Suhail
for M/s.Ajmal Associates
ORDER
The present Writ Petition has been filed challenging the order
passed by the third respondent herein, under which, the petitioner was
not permitted to appear for the final semester examination in the B.Ed.,
Course, which she was pursuing in the third respondent College.
2. According to the petitioner, she joined one year B.Ed., course in
the academic year 2013-2014, in the third respondent College. Her
parents have arranged for a marriage, which was held on 20.11.2013.
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W.P(MD)No.8665 of 2014
According to the petitioner, she had attended the College till 19.11.2013.
However, after marriage, she could not attend the College for a brief
period and thereafter, she resumed attending the College from
21.01.2013. Since the petitioner was on the family way and due to health
related issues she could not attend the College for the teaching practice.
Her health got deteriorated badly in February 2013 and she could not
attend the College on these days.
3. The petitioner has further submitted that she was hospitalized
and she was advised to take bed rest from 24.03.2014 onwards. In view
of the above said facts, she could not achieve the attendance, that was
required for appearing for the B.Ed., examination. Hence, the present
impugned order has been passed, rejecting her request to appear for the
University Examinations.
4. The learned Counsel for the petitioner brought to the notice of
the Court a judgment of this Court reported in 2008 (1) CTC page 374
(Kavitha Rajagopal Vs. The Registrar, The Tamil Nadu DR. Ambedkar
Law University) where, a Single Judge of this Court while considering
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W.P(MD)No.8665 of 2014
the maternity relief in case of women students has arrived at a finding
that the absence, due to the maternity issues have to be condoned and the
women students should be permitted to continue their studies. Paragraph
No.5 of the said judgment is extracted as follows:
"5. In view of the above decisions and the various
International Conventions, which ensures the State Parties to
permit equal participation of women in all areas, the petitioner
shall be permitted to continue her studies on payment of
condonation fees for the lack of attendance for the third year. I
am conscious that the rules of the respondent College do not
permit condonation of lack of attendance below 66%. But the
cases like the petitioner's viz., women students, who want to
pursue their studies but are unable to attend the college for the
required number of days because of child birth, may not arise
frequently but only in exceptional cases. So, I am of the view
that a direction can be given as given by the learned Judge in
the decision reported in Nithya Vs. University of Madras, 1996
WLR 802, referred to supra."
5. In view of the above judgment of this Court, the order impugned
in the writ petition is set aside. The petitioner has appeared for the
examinations under the interim orders passed by this Court. However, the
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W.P(MD)No.8665 of 2014
results have been withheld. The first respondent is directed to publish the
results. In case, if the petitioner had passed the examination, the first
respondent is directed to issue the degree certificate to the petitioner, on
payment of necessary charges including, the charges for condonation of
delay.
6. With the above said observation, the writ petition stands
allowed. There shall be no order as to costs. Consequently, connected
Miscellaneous Petition stands closed.
18.11.2022
Index : Yes / No
Internet : Yes / No
btr
To
1.The Registrar,
The Tamil Nadu Teachers Education University,
Lady Willingdon College Campus,
Kamarajar Salai,
Chennai-600 005.
2.The Correspondent,
Good Shepherd College of Education,
Holy Cross College Road,
Nagercoil-4,
Kanyakumari District-629 004.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.8665 of 2014
R.VIJAYAKUMAR, J.
btr
3.The Principal,
Good Shepherd College of Education,
Holy Cross College Road,
Nagercoil-4,
Kanyakumari District-629 004.
Order made in
W.P(MD)No.8665 of 2014
18.11.2022
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