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Judgment
V. Ramasubramanian, J.—The petitioner who belongs to Scheduled Tribe community, got admission to the B.S.M.S. degree course in the second respondent college, during the academic year 2009-2010. Unfortunately, at the time of admission, she did not have the community certificate. But, she was permitted to join the course and she also paid the fees and started attending classes.
However, on 15.07.2010, the respondent insisted on production of the community certificate, when the petitioner was to move to the second year of the course. When the petitioner was attempting to get the community certificate, the first professional examinations were held in February, 2011. The petitioner failed in two subjects and passed in four subjects.
In August, 2011, the petitioner appeared for the two subjects in which she had earlier failed. Her results were withheld on 28.12.2011 on account of non-production of the community certificate. Therefore, she came up with a writ petition in W.P. No. 2074 of 2012. The said writ petition was allowed on 02.02.2012, directing the respondents to publish the results and to permit her to write the arrears.
When the results were declared, she was found to have failed in one subject. Therefore, she wrote the said paper on 03.12.2012, pursuant to the orders of this Court.
However, the results of the said examination was withheld on 30.03.2012, forcing the petitioner to again file a miscellaneous petition. That application was allowed on 12.09.2012, permitting the petitioner to write the future examinations with an undertaking that the petitioner should not claim any benefit as belonging to the Scheduled Tribe community, unless and until, she produced the community certificate.
On 16.11.2012, the results of the examination were published and by then, the schedule for the second professional examination for February, 2013 also came. The petitioner wrote the second professional examination in February, 2013, instead of August, 2012 in view of the events that happened earlier. The results of the second professional examination were published on 25.03.2013. The petitioner was found to have passed all the papers. Therefore, she paid the fees for the academic year 2013-2014 for moving on to the third professional examination.
On 09.01.2014, the petitioner also obtained the community certificate. Therefore the petitioner, on the strength of the certificate, wanted to appear for the third professional examination to be conducted in February, 2014.
Since the petitioner was not permitted to write the examination by an order dated 23.01.2014, she has come up with the present writ petition.
Heard Mr. V. Illanchezhian, learned counsel appearing for the petitioner, Mr. Sanjay Ramasamy, learned standing appearing counsel for the first respondent University and Mr. R. Sureshkumar, learned counsel appearing for the second respondent College.
By an interim order passed on 04.02.2014, the petitioner was permitted to write the third professional examination in February, 2014. Since the petitioner has now become eligible to write the final year examination in February, 2015 all the impediments now stand cleared except the declaration of the results of the third professional examination held in February, 2014.
In view of the above, the writ petition is disposed of directing the respondents to declare the results of the examination held in February 2014 and allow the petitioner to move on to the next academic year and write the examinations for the final year in February, 2015. Consequently, the connected miscellaneous petitions are closed. No costs.