Bensha C.Shaji v. S.Saran

JUDGMENT (Judgment of the Court was delivered by the Hon'ble Chief Justice) This intra court appeal arises out of the order dated 18.11.2024 in WP No.28759 of 2024, whereby the writ court has disposed of the writ petition with the following direction: "61. Accordingly, for the reasons aforesaid, the order impugned herein is set aside and the writ petition is allowed and prayer as sought for by the petitioners is granted with a direction to the 1st respondent to permit the petitioners to attend the 5th semester classes and also to permit the petitioners to write the examinations. However, at the same time, this Court also wants the petitioners that the leniency shown by this Court above should not be construed as a clean chit given to the petitioners but it is an act of any benevolence so as to safeguard the future life and career of the petitioners and it is made clear that if the petitioners come to any adverse notice of the 1st respondent during the balance period of their education, it is open to the 1st respondent to take appropriate action against them in accordance with law. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs."

¶2Assailing the order of the writ court, the appellant/ Assistant Professor against whom complaint was made by respondents 1 to 3 herein in the writ petition, had preferred the writ appeal.

¶3Mr.P.Wilson, learned Senior Counsel appearing for the fourth respondent University submitted that pending appeal, respondents 1 to 3 have resolved the issue with the University, and in view of the understanding arrived at, the writ petitioners, who are respondents 1 to 3 herein, intend to withdraw WP No.28759 of 2024 itself.

¶4Learned counsel appearing for respondents 1 to 3 has filed separate affidavits on behalf of respondents 1 to 3, inter-alia stating that in view of the understanding entered into with the University, they are proposing to withdraw the writ petition itself and they agree for setting aside the order passed in the writ petition.

¶5In view of the understanding arrived at between the students and the University, this writ appeal stands allowed and the impugned order of the writ court stands set aside. The writ petitioners/ respondents 1 to 3 are permitted to withdraw the writ petition itself.

¶6In the result, the writ appeal stands allowed and the writ petition stands dismissed as withdrawn. There will be no order as to costs. (SUSHRUT ARVIND DHARMADHIKARI, CJ.) (G. ARUL MURUGAN, J.)

09.07.2026 Index : Yes/No : Yes/No tar To The Chairman, University Grants Commission(UGC) Bahadur Shah Zafar Marg, New Delhi-110002 THE HON'BLE CHIEF JUSTICE AND G. ARUL MURUGAN

, J.

(tar)

09.07.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09.07.2026 CORAM THE HON'BLE MR.SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE G. ARUL MURUGAN Bensha C. Shaji, Chavelil House, Cherpunkal PO Palai, Kottayam, Kerala : Appellant Versus 1. S.Saran Door No.6/94, Senkeni Amman Kovil Street, Kovalam, Chengalpattu District-603112 2. S.Vishaal Adithya Door No.84/105, Keela Kondayampettai, Thiruvanai Kovil, Tiruchirappalli-620 005 3. B.Vijay Door No.25/17, 4th Street, Damodarapuram, Adyar, Chennai-600020 4. Hindustan Institute of Technology and Science (Deemed To Be University Established U/s 3 of UGC Act 1956), Rep By Its Registrar, 1, Rajiv Gandhi Salai, (OMR), Padur, Kelambakkam, Kancheepuram District, Chennai-603103 5. University Grants Commission(UGC) Rep By Its Chairman, Bahadur Shah Zafar Marg, New Delhi-110002 : Respondents Prayer: Writ appeal filed to set aside the order dated 18-11-2024 in WP.No.28759/2024 passed by the learned Single Judge. For Appellant : Mr.Sharath Chandran, for Mr.R.Harikrishnan For Respondents 1 to 3 : Mr.Krishnasamy Chinnasamy For Respondent No.4 : Mr.P.Wilson, Senior Counsel, for M/s.Surana & Surana