Jayaseelan Gopalakrishnan vs Principal Secretary To Government
- Neutral2024:MHC:3261
Ratio decidendi
The rule this decision rests on
Government Orders issued by the Disaster Management Authority during a declared pandemic must be tested for legality and proportionality as they existed at the time of their issuance, in the context of the emergency conditions then prevailing, rather than judged by hindsight standards applied years after the emergency has ended. The right to bodily integrity and personal autonomy protected under Article 21 of the Constitution is not absolute and may be subject to reasonable, proportionate limitations imposed by the State in the interest of protection of communitarian health and public health concerns, provided such limitations satisfy the three-fold test of legality, legitimate State aim, and proportionality established in K.S. Puttaswamy. When assessing whether restrictions on the disclosure of sensitive personal data (including vaccination status) imposed during a pandemic are proportionate, the court must consider the ground realities and exigencies of the period in which the order was issued; data on transmission rates available at the time the order was made is the relevant consideration, not scientific findings that emerge subsequently. A Government Order setting out Standard Operating Procedures for the reopening of educational institutions during a pandemic, issued by the Revenue and Disaster Management Department as the Nodal Agency for coordinating preventive measures, is not irrational or disproportionate merely because it required colleges to collect vaccination status information as a condition for in-person attendance, where the order was issued when the country was in the throes of a public health emergency.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
2024:MHC:3261 WP.No.27868 of 2023 and WMP Nos.27366 and 27367 of 2023 and 15970, 15973 and 9746 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 15.07.2024
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH WP.No.27868 of 2023 and WMP Nos.27366 and 27367 of 2023 and 15970, 15973 and 9746 of 2024
1 Jayaseelan Gopalakrishnan S/o. T. Gopalakrishnan 20/4 SCCB Colony Third Street, Mahendrapuri Salem 636 008
2 Mr. Shri Hariharan U.J S/o. Jayaseelan Gopalakrishnan 20/4 SCCB Colony Third Street Mahendrapuri, Salem 636 008 …. Petitioners Vs
1 Principal Secretary to Government Higher Education (A2) Department Secretariat, Chennai 09
2 Kit- Kalaignar Karunanidhi Institute of Technology Through its Principal, Kannampalayam Post Coimbatore 641 402 …. Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India
raying to issue a Writ of Certiorarified Mandamus calling for the records
connected with the impugned order passed by the respondent No.1 https://www.mhc.tn.gov.in/judis
1 WP.No.27868 of 2023 and WMP Nos.27366 and 27367 of 2023 and 15970, 15973 and 9746 of 2024
G.O.(Ms.)No.164, dated 27.08.2021, quash the same with direction on record
upon respondents to pay in compensation an amount of INR 100,00,00,000/-
(Rupees One hundred Crore) as Exemplary compensation (for loss of 2 years in
his life thus Reasonable) Right to life, profession & movement is a fundamental
right guaranteed under Article 21 & 19 of the Constitution and for its breach or
violation through malice or conscious abuse, a victim is entitled to monetary
compensation from the Respondents who are responsible for it. Reference to
Supreme Court judgment of Smt. Nilabati Behera alias Lalit… V. State of
Orissa and ors. on 24 March 1993 (equivalent citations: 1993 AIR 1960, 1993
SCR (2) 581), quote ‘Award of compensation in a proceeding under Article 32
by this Court or by the High Court under Article 226 is a remedy available in
public law, based on strict liability for contravention of fundamental rights to
which the principle of sovereign immunity does not apply, even though it may
be available as a defence in private law in an action based on tort.”
For Petitioners : Mr.Jayaseelan Gopalakrishnan Party-in-person
For Respondents : Mr.Jayaprakash Government Advocate – R1 Mr.C.Prakasam – R2
https://www.mhc.tn.gov.in/judis
2 WP.No.27868 of 2023 and WMP Nos.27366 and 27367 of 2023 and 15970, 15973 and 9746 of 2024
ORDER
WMP No.27366 of 2023 filed seeking permission to file a single Writ
Petition is ordered on payment of separate Court fee.
2. There are two petitioners, father/P1 and son/P2, and this Writ Petition
is argued by the father in person on both their behalf. P2 had been admitted to a
self-financing college/R2 for the B.E. Computer Science course in July, 2019.
In March, 2020, the world had shut down on account of the Covid 19 pandemic
and classes had been conducted on line.
3. A Government Order dated 27.08.2021 had been passed in
G.O.Ms.No.164 Higher Education (A2) Department that dealt with the
reopening of classes for higher education and had set out Standard Operating
Procedures (SOP) in the form of guidelines. The Government Order reads thus:
ABSTRACT Higher Education-Re-opening of all Higher Educational Institutions- Standard Operating Procedures / Guidelines - Orders - Issued.
---------------------------------------------------------------------------
--Higher Education (A2) Department
G.O.(Ms) No.164 Dated: 27.08.2021
jp U t s ; S t h ; M z ; L - 20 5 2 gpytt U l k ; > M t z p - 11 Read:
1. G.O. (Ms) No.364, Revenue & Disaster Management (DM-IV) Department, dated 03.05.2021.
https://www.mhc.tn.gov.in/judis
3 WP.No.27868 of 2023 and WMP Nos.27366 and 27367 of 2023 and 15970, 15973 and 9746 of 2024
2. G.O. (Ms) No.522, Revenue & Disaster Management (DM-IV) Department, dated 21.8.2021 ***** ORDER:
In the Government Order first read above, it has been notified that based on the recommendations of the Expert Team of Doctors and Public Health Specialists, directions of Govt. of India, Ministry of Home Affairs, lockdown was imposed by the State Government from 6.5.2021. The Institutions were closed before the start of second wave of COVID-19 pandemic to prevent the spread of infectious disease amongst the students.
2. Based on the review meeting conducted by the Hon'ble Chief Minister to evaluate the COVID-19 prevention activities, in the Government Order second read above, among other things, it has been ordered that all Colleges and Universities will be permitted to conduct classes on rotation basis with effect from 1.9.2021 by following the Standard Operating Procedure for conducting classes.
3. Accordingly, the Government directs that classes for all Colleges / Universities including Arts, Science, (both Shift I and Shift II) Technical, Engineering, Agriculture, Fisheries, Veterinary Colleges shall function from 1.9.2021 following the Standard Operating Procedures appended to this order and as per the schedule below:
Three years UG / PG Second Monday, courses / Diploma year Wednesday & courses such as B.A., Friday B.Sc., B.Com, B.L., Third year Tuesday,Thursda B.C.A., B.B.A., M.C.A., y etc. & Saturday Two years PG Courses Second All 6 days. such as M.A., year M.Sc., M.Com., M.B.A., M.E., M.Sc., https://www.mhc.tn.gov.in/judis
4 WP.No.27868 of 2023 and WMP Nos.27366 and 27367 of 2023 and 15970, 15973 and 9746 of 2024
M.L. M.Tech., (Agri) M.V.Sc., etc.
Four years Degree Second Monday, courses such as year Wednesday & B.E., B.Tech., B.Sc., Friday (Agri) etc. Third year Tuesday,Thursda y & Saturday Fourth year All 6 days Five years Degree Second Monday, courses such as and Wednesday & B.Arch., B.V.Sc., Law fourth year Friday Courses, etc. Third and Tuesday,Thursda fifth year y & Saturday
Further, the Hostels for the above college students shall also be permitted to function, subject to the guidelines prescribed in the Standard Operating Procedure.
(By order of the Governor) D. Karthikeyan Principal Secretary to Government
4. The annexed SOP set out several measures to enable the functioning of
Universities and Colleges during the time of the pandemic. Thus colleges were
required to conduct classes on rotation, such that there would be sufficient
distance maintained between the faculty and students. They were directed to put
in place measures to contain the spread of the vires both within and without
campus including specifically to handle the inflow of students, faculty and https://www.mhc.tn.gov.in/judis
5 WP.No.27868 of 2023 and WMP Nos.27366 and 27367 of 2023 and 15970, 15973 and 9746 of 2024
students, disinfection and containment, should there be instances of persons
found infected with the vires.
5. As far as hostels were concerned, the direction was that they would be
opened only if necessary, and if functional, the college would strictly observe
safety and health measures. Students were encouraged to stay elsewhere as far
as possible to avoid overcrowding. Masks and proper sanitisation were
mandated.
6. Based on the aforesaid directives, two faculty members of R2
institution had been entrusted with the task of collecting the vaccination status
of the students and the same was enforced by them through a group formed
over the WhatsApp application. Messages were posted on the group to the
effect that the students may get vaccinated and produce proof of the same as a
pre-condition to attend the college physically.
7. The SOP permitted the conduct of online and in-person classes in
rotation. It is the grievance of the petitioners that P2 had been prevented from
attending the in-person classes, as he had objected to the collection of data
relating to the vaccination status. According to the petitioners such data
constituted ‘personal data’ that was protected.
8. On 22.09.2021, a legal notice was issued by the petitioners to R2
college challenging their insistence on providing vaccination status and https://www.mhc.tn.gov.in/judis
6 WP.No.27868 of 2023 and WMP Nos.27366 and 27367 of 2023 and 15970, 15973 and 9746 of 2024
demanding an explanation for their behaviour. On 28.10.2021, P2 is stated to
have been ‘expelled from the classroom’. P2 avers that he had attempted even
thereafter to attend classes on campus but had not been permitted entry till
22.12.2021. Neither were his specific concerns relating to the conduct of the
college in insisting on divulgence of vaccination status, addressed.
9. In the counter filed by the college, there is an allegation that on
22.12.2021, P2 had forcibly entered the rooms of the Principal and the
Correspondent without a mask and perhaps without vaccination, (as he refused
to confirm his vaccination status) and that he threatened to spread the virus in
that area. At this distance in time, these allegations are not verifiable. Suffice it
to say that the petitioner has not attended the college after 28.10.2021, as he
had not been permitted to enter the campus thereafter for want of vaccination
status or adherence to Covid 19 norms.
10. The mainstay of the arguments of the petitioners are that vaccination
status constitutes Sensitive Personal Data and Information (SPDI), in terms of
the Information Technology Act, 2005. P2 is thus protected from the need to
disclose such sensitive data or placing such data in public domain. The
petitioners refer to the Universal Declaration on Bioethics and Human Rights:
UNESCO dated 19.10.2005, particularly Articles 3 and 5 thereof, which deal
with ‘Human dignity and human rights’ and ‘Autonomy and individual https://www.mhc.tn.gov.in/judis
7 WP.No.27868 of 2023 and WMP Nos.27366 and 27367 of 2023 and 15970, 15973 and 9746 of 2024
responsibility’ respectively, to emphasize bodily autonomy and the respect to be
accorded to the same.
11. They would argue that the insistence upon vaccination or declaration
of such status is contrary to the right of privacy that vests in every individual.
My attention is drawn to the messages in the WhatsApp group which make it
clear that only vaccinated students may attend classes physically. The petitioner
has been named, among several others, to intimate his vaccination status and
details of vaccination doses taken.
12. In the letter dated 22.09.2021, P1 has articulated his grievances
regarding the call for such information forcibly. He threatens legal action as
against the respondents for violating his son’s privacy, emphasizing bodily
autonomy and highlighting that the use that such sensitive personal data would
be put to, has not been conveyed.
13. He also refers to the judgment of the Hon’ble Supreme Court in
JacobPuliyel V. Union of India and others 1, where, in conclusion at paragraph
89, the Court has upheld the right of bodily integrity and personal autonomy of
an individual. The Bench has stated that no individual can be forced to be
vaccinated and that such insistence would be contrary to the mandate of Article
21 of the Constitution.
1 2022 3 SCR 71 https://www.mhc.tn.gov.in/judis
8 WP.No.27868 of 2023 and WMP Nos.27366 and 27367 of 2023 and 15970, 15973 and 9746 of 2024
14. Reference is also made to the judgment in the case of
K.S.Puttaswamy V. Union of India 2, which protects the right of privacy of an
individual and sets out three-fold requirements to test those measures of the
Government purported to regulate individual rights. The tests are (i) legality,
which presupposes the existence of law; (ii) need, defined in terms of a
legitimate State aim; and (iii) proportionality, which ensures a rational nexus
between the objects and the means adopted to achieve them. According to the
petitioners, the impugned actions of the respondents fail on all three counts,
particularly the third count of proportionality.
15. Petitioners also rely on a judgment of the Unites States Court of
Appeal for Ninth Circuit in Health Freedom Defense Fund Inc. V. Alberto
Carvalho 3. Some submissions are also made referring to recent scientific
technical literature as to the perils of vaccination for covid 19. I see no need to
refer to the same both for the reasons that it is extraneous to the subject matter
of this Writ Petition, and that this not the appropriate forum where the merits or
demerits of the covid vaccination may be debated or decided. I hence restrict the
scope of the discussion to the prayer of the petitioner, which is for a Writ of
Certiorarified Mandamus quashing G.O.Ms.No.164 dated 27.08.2021 and
2 (2017) 10 SCC 127 3 No.22-55908 D.C.No.2:21-cv-08688-DSF-PVC https://www.mhc.tn.gov.in/judis
9 WP.No.27868 of 2023 and WMP Nos.27366 and 27367 of 2023 and 15970, 15973 and 9746 of 2024
compensation of a sum of Rs.100 crores for loss of two years of education of
P2.
16. In justification of the plea for compensation, P1 would bring to note
that a complaint had been filed before the police station praying for police
intervention as against the respondents for the same cause of action. The
petitioner also moved C.M.P.No.176 of 2022 before the learned Judicial
Magistrate IV, Salem under Section 200 Cr.P.C. praying for cognizance to be
taken in respect of his complaint.
17. The said Miscellaneous Petition came to be dismissed on 06.09.2022,
as against which, Crl.R.C.No.1455 of 2022 had been filed before this Court.
After an order adverse to the petitioner was pronounced by the Court, the
petitioners had made a plea for return of the educational certificates of P2.
Hence, by order dated 13.02.2023, this Court directed R1 college to return all
original educational certificates including transfer certificate of the P2 forthwith,
to enable him to continue his studies in some other college.
18. R2 has, admittedly, returned all the certificates to him. However, the
petitioner is aggrieved by the endorsement ‘discontinued’ on the transfer
certificate. P1 submits that P2 is poised to be a first generation graduate and the
reason for the interruption in studies was beyond his control. He has not being
able to pursue his education elsewhere on account of the aforesaid endorsement
https://www.mhc.tn.gov.in/judis
10 WP.No.27868 of 2023 and WMP Nos.27366 and 27367 of 2023 and 15970, 15973 and 9746 of 2024
and three precious years of student life have been lost. Hence the prayer for
compensation.
19. Mr.Jayaprakash, learned Government Advocate appearing for R1
defends the impugned Order stating that such measures were necessary in the
light of the pandemic. Citing G.O.Ms.No.434, Higher Education (J2)
Department dated 23.10.2008, he states that the petitioner may continue his
education subject to R2 college issuing a certificate with the endorsement ‘by
transfer’. Such endorsement would enable him to continue his studies in the
same course for the remainder of the period of the course, in any other self-
financing college. R2 college, for whom Mr.Prakasam, learned counsel appears,
states that it will have no objection in issuing such a certificate.
20. All that remains is to deal with the challenge to G.O.Ms.No.164 dated
27.08.2021. The World Health Organization (WHO) had declared the onset of
COVID – 19 to be a Public Health Emergency of International Concern
(PHEIC) on 30.01.2020 and had categorized the outbreak as a pandemic on
11.03.2020. Thereafter, the WHO Emergency Committee on COVID-19, had,
on 05.05.2023, recommended to the Director-General of the WHO, such
recommendation being accepted, that it was no longer necessary to characterise
COVID – 19 as a PHEIC, but that the pandemic was itself not over.
https://www.mhc.tn.gov.in/judis
11 WP.No.27868 of 2023 and WMP Nos.27366 and 27367 of 2023 and 15970, 15973 and 9746 of 2024
21. The Directorate of Medical Education, in a communication bearing
Ref.No.81353/MEII/1/2023 dated 21.11.2023, refers to a meeting held on
20.11.2023 to address various issues in relation to the Covid pandemic. Item 1
in the minutes of the above meeting records that 'the date of starting and
ending of the COVID pandemic shall be taken as 24.03.2020 (date of
commencement of first lock down) to 04.05.2023 (WHO announcement of
closure of pandemic)'.
22. Today, in July, 2024, the happenings of that period seem almost akin
to a dream. The clarity that comes with hindsight, today was certainly absent
during that time. All institutions including colleges, were focussed towards
containing the pandemic and the large scale destruction that it wrought.
23. The impugned Government Order has been issued by the Revenue
and Disaster Management Department. It is the say of R1 that the overview and
management of the public health crisis cuased by the pandemic came under the
ambit of the National Disaster Management Authorities entrusted with the
responsibility of enforcing public safety. Their decisions have the compelling
requirement of balancing the interests of various groups of the public with the
dangers caused by the disaster.
https://www.mhc.tn.gov.in/judis
12 WP.No.27868 of 2023 and WMP Nos.27366 and 27367 of 2023 and 15970, 15973 and 9746 of 2024
24. While the judgment of the Supreme Court in Jacob Puliyel4 calls for
protection of bodily integrity and personal autonomy, there is a caveat when it
comes to regulation of issues concerning public health. Paragraph 89, where
the Court summarises its findings is relevant and is extracted below:
89. In conclusion, we have summarised our findings on the various issues considered by us, below:
………….
(iii) With respect to the infringement of bodily integrity and personal autonomy of an individual considered in the light of vaccines and other public health measures introduced to deal with the COVID-19 pandemic, we are of the opinion that bodily integrity is protected under Article 21 of the Constitution and no individual can be forced to be vaccinated. Further, personal autonomy of an individual, which is a recognised facet of the protections guaranteed under Article 21, encompasses the right to refuse to undergo any medical treatment in the sphere of individual health. However, in the interest of protection of communitarian health, the Government is entitled to regulate issues of public health concern by imposing certain limitations on individual rights, which are open to scrutiny by constitutional courts to assess whether such invasion into an individual’s right to personal autonomy and right to access means of livelihood meets the threefold requirement as laid down in K.S. Puttaswamy (supra), i.e., (i) legality, which presupposes the existence of law; (ii) need, defined in terms of a legitimate State aim; and (iii) proportionality, which ensures a rational nexus between the objects and the means adopted to achieve them.
(iv) On the basis of substantial material filed before this Court reflecting the near-unanimous views of experts on the benefits of vaccination in addressing severe disease from the infection, reduction in oxygen requirement, hospital and ICU admissions, 4 Foot supra 1 https://www.mhc.tn.gov.in/judis
13 WP.No.27868 of 2023 and WMP Nos.27366 and 27367 of 2023 and 15970, 15973 and 9746 of 2024
mortality and stopping new variants from emerging, this Court is satisfied that the current vaccination policy of the Union of India is informed by relevant considerations and cannot be said to be unreasonable or manifestly arbitrary. Contrasting scientific opinion coming forth from certain quarters to the effect that natural immunity offers better protection against COVID-19 is not pertinent for determination of the issue before us.
(v) However, no data has been placed by the Union of India or the States appearing before us, controverting the material placed by the Petitioner in the form of emerging scientific opinion which appears to indicate that the risk of transmission of the virus from unvaccinated individuals is almost on par with that from vaccinated persons. In light of this, restrictions on unvaccinated individuals imposed through various vaccine mandates by State Governments / Union Territories cannot be said to be proportionate. Till the infection rate remains low and any new development or research finding emerges which provides due justification to impose reasonable and proportionate restrictions on the rights of unvaccinated individuals, we suggest that all authorities in this country, including private organisations and educational institutions, review the relevant orders and instructions imposing restrictions on unvaccinated individuals in terms of access to public places, services and resources, if not already recalled. It is clarified that in the context of the rapidly-evolving situation presented by the COVID-19 pandemic, our suggestion to review the vaccine mandates imposed by States / Union Territories, is limited to the present situation alone and is not to be construed as interfering with the lawful exercise of power by the executive to take suitable measures for prevention of infection and transmission of the virus. Our suggestion also does not extend to any other directions requiring maintenance of COVID-appropriate behaviour issued by the Union or the State Governments.
……………..’ https://www.mhc.tn.gov.in/judis
14 WP.No.27868 of 2023 and WMP Nos.27366 and 27367 of 2023 and 15970, 15973 and 9746 of 2024
25. In the case of K.S.Puttaswamy5 the Supreme Court has settled the
position that right to privacy is enshrined in Article 21 of the Constitution of
India. That right is one that has to be understood and applied in context, to real
life situations. The covid 19 pandemic is one such. In fact, in paragraph 89(iii)
of the judgement in Jacob Puliyel6 , the Hon’ble Supreme Court provides for a
juxtaposition of the right to privacy on the one hand, and the right to bodily
integrity and personal autonomy on the other.
26. This is to be achieved by virtue of a balancing act – one that regulates
issues of public health concerns by imposing limitations on individual rights.
Undoubtedly, such limitations would have to be reasonable, proportionate and
commensurate with the danger that is sought to be addressed.
27. The observations of the Court at paragraph 89(v) are to the effect that
the data placed before the Court did not establish that transmission of the vires
by an unvaccinated person was any more, than by a vaccinated person. As a
result, the Court held that the restrictions placed upon unvaccinated individuals
by various vaccination mandates by State Governments and Union Territories
cannot be said to be proportionate.
28. That judgment has been rendered on 02.05.2022, whereas the
impugned Government Order is dated 27.08.2021 when the Country was in the
5 Foot Note Supra 2 6 Foot supra 1 https://www.mhc.tn.gov.in/judis
15 WP.No.27868 of 2023 and WMP Nos.27366 and 27367 of 2023 and 15970, 15973 and 9746 of 2024
throes of the pandemic. One must be cognizant of the position that, while in the
thick of a universal disaster, all focus and energy would be concentrated upon
containing that disaster. Other concerns and issues become collateral.
29. The object of the Disaster Management Act, 2005 is to provide for
requisite institutional mechanisms for drawing up, monitoring and
implementing disaster management plans. It is intended to facilitate the
integration of measures by various wings of the Government for prevention and
mitigation of the ill-effects of disasters and for ‘undertaking a holistic,
coordinated and prompt response to any disaster situation’ 7.
30. The impugned Government Order has been issued by the Revenue
and Disaster Management Department, which was the Nodal Agency, so to say,
engaged in the co-ordination of preventive and relief measures during the time
of the pandemic. The response to such an agency has to be real-time,
addressing each emergency as it arose, fire fighting with various issues as and
when they cropped up and thinking ahead in order to ensure that the
Department anticipates issues so as to prevent or to contain them.
31. It is the duty of this Department to address the situation as it unfolds
and the impugned Government Order has been issued as one of such measures.
7 Statement of objects and reasons for the Disaster Management Act, 2005 https://www.mhc.tn.gov.in/judis
16 WP.No.27868 of 2023 and WMP Nos.27366 and 27367 of 2023 and 15970, 15973 and 9746 of 2024
Correspondingly, it is the duty of a citizen at that point in time to either comply
with those measures or to succumb to the consequences.
32. Thus, I find nothing untoward in the least, in the issuance of the
impugned Government Order. In fact, that Government Order is not of any
relevance today, since the period for which it was in operation, and the need for
it, has long elapsed. The measures set out under the SOP were directives to
Universities and educational institutions, to guide them on the manner by which
the entirety of the student population can be handled safely to optimize that
academic year.
33. On account of the trials and tribulations caused by the pandemic, it
would be impossible for a population as large as ours to have followed the
rigour of an academic schedule through it all but for a certain amount of
regulation. Hence the need for a balance that has been sought to be achieved by
the impugned Government Order.
34. It is easy for one to state in hindsight, that things could have been
done better or differently. However, the legality or otherwise of the impugned
Government Order and the requirement of proportionality must be tested
concurrent with the times when it was issued and not two years later. The
relevant question to be posed is as to whether the impugned G.O. had a
https://www.mhc.tn.gov.in/judis
17 WP.No.27868 of 2023 and WMP Nos.27366 and 27367 of 2023 and 15970, 15973 and 9746 of 2024
legitimate purpose and whether it has achieved such purpose and my answer is
in the affirmative.
35. It is undeniable that vaccination status constitutes SPDI. The
petitioner has referred to responses received under Right to Information Act,
2005, where the Public Information Officer confirms that Government stores all
vaccination data in a safe and secure digital environment and the data is not
shared with any entity outside the environment.
36. However, while testing the Government Order, this Court would be
guided by the ground realities of those times. Hence, the measures taken under
the impugned Government Order are not found to be irrational or
disproportionate to the demands of the pandemic. Challenge to Government
Order No.164 dated 27.08.2021 is rejected. Consequently, the plea for
compensation is also rejected. However, since the petitioners have been
pursuing their plea doggedly and diligently, they are entitled to some relief.
37. The Judgment of the Hon’ble Supreme Court was delivered on
02.05.2022 and the petitioner claims to have made representations thereafter on
30.06.2022, 28.08.2022 and 30.07.2023, which have not found favour of
response by the authorities. This Writ Petition has come to be instituted on
17.08.2023 as a last ditch measure. R2 had already expressed that it is ready to
handover a transfer certificate with the endorsement ‘by transfer’ in the field in https://www.mhc.tn.gov.in/judis
18 WP.No.27868 of 2023 and WMP Nos.27366 and 27367 of 2023 and 15970, 15973 and 9746 of 2024
column 12 being ‘reason for leaving’. This would suffice to protect the
interests of the petitioner and ensure continuance of his education.
38. R2 is directed to issue a transfer certificate with the endorsement ‘by
transfer’ in column 12 thereof as well as any other documents required to
facilitate continuance of the education of P2 in the same course in an alternate
self-financing institution, forthwith.
39. As regards the prayer in WMP No.9746 of 2024, for a full
scholarship for the education of P2, such a direction cannot be issued by this
Court as the criteria for eligibility for scholarship would vary from one
scholarship to another and it is unknown as to whether P2 satisfies the criteria
for any such scheme/benefit. The petitioners are however at liberty to explore all
options/State schemes available for scholarship/educational benefits and, if
eligible, make a request in regard thereto before the authorities.
40. This Writ Petition is disposed in terms of this order. No costs.
Connected Miscellaneous Petitions are ordered as above/closed.
15.07.2024
Index : Yes Speaking Order Neutral citation:Yes Sl
To https://www.mhc.tn.gov.in/judis
19 WP.No.27868 of 2023 and WMP Nos.27366 and 27367 of 2023 and 15970, 15973 and 9746 of 2024
The Principal Secretary to Government Higher Education (A2) Department Secretariat, Chennai 09
https://www.mhc.tn.gov.in/judis
20 WP.No.27868 of 2023 and WMP Nos.27366 and 27367 of 2023 and 15970, 15973 and 9746 of 2024
DR.ANITA SUMANTH,J.
sl
WP.No.27868 of 2023
and WMP Nos.27366 and 27367 of 2023
and 15970, 15973 and 9746 of 2024
15.07.2024
https://www.mhc.tn.gov.in/judis
21
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