M.Ayyappan v. The Registrar

***** This is a Writ Petition filed through Legal Aid. The petitioner herein is an HIV patient. He made an application for admission to one of the Government Colleges in the State of Tamil Nadu. The petitioner was given admission for the academic year 2006-2009 for 3 years B.L. Degree course.

2. The petitioner was working in a temporary capacity with Tamil Nadu Networking People with HIV/AIDS as a Counselor from December, 2005 onwards. In view of his admission into the Government Law College, the petitioner made a request to the Secretary of the Tamil Nadu Networking People with HIV/AIDS seeking permission to continue his service as Peer Counselor. The petitioner was given such permission.

3. The petitioner, thereafter, continued his studies in Madurai Government Law College, apart from acting as a Counselor for the HIV/AIDS patients. A communication was sent by the respondents stating that his admission was irregular, as he was working as an employee, as per the instructions issued to the candidates by Dr.Ambedkar Law University. Therefore, his result of the final semester examination was withheld. Thereafter, the petitioner resigned from the post of Counselor on 21.08.2008. The petitioner gave a reply stating that he was doing an honorary service and he is not in the service of the Government Rajaji Hospital, Madurai. However, the petitioner's result of the final semester examination was withheld by the first respondent on the ground that he was not eligible to study law course, as he was employed elsewhere at the time of making the application. Challenging the same, the present Writ Petition has been filed.

4. The learned counsel appearing for the petitioner would submit that the petitioner was working in an honorary capacity. He has also resigned his service on 21.08.2008. He has passed in all the examinations till the passing of the order impugned, by which, the result of the final semester examination was withheld. The learned counsel appearing for the petitioner would further submit that the petitioner, being an HIV patient, having got admission on merits and completed the course, will have to be permitted to get himself enrolled by setting aside the order impugned.

5. Per contra, the learned counsel appearing for the first and second respondents would submit that admittedly, the petitioner has violated the information and instructions given to the candidates, as the petitioner was employed elsewhere. He was not even eligible to apply and he has suppressed the said fact. Had the said fact been disclosed, he would not have been admitted. Action has been taken subsequently, after coming to know of the said fact. Therefore, no interference needs to be called for.

6. Admittedly, the petitioner has completed the course. By the order impugned, the result of the final semester examination has been withheld. A perusal of the documents would show that the petitioner was working on a contractual basis. He was initially appointed in the month of December, 2005 with the Tamil Nadu Networking People with HIV/AIDS. The said post of Counselor is a special post in the sense it can only be filled up with a person affected with HIV/AIDS. Therefore, this Court is of the view that the petitioner cannot be equated with any other persons who are otherwise gainfully employed. The petitioner, in fact, has informed the authorities of the Tamil Nadu Networking People with HIV/AIDS and that of the Government Rajaji Hospital, Madurai, even at the time of his admission. He has genuinely believed that there is no disqualification for him to apply. He also showed his bona fides by resigning from the said job in the year 2008. The order impugned has been passed, in pursuant to the show cause notice issued in the year 2008. By the time the order impugned was passed, the petitioner has completed the course. He has cleared the previous two years examinations. By the order impugned, the results of the final semester examination have been withheld.

7. Considering the above said facts, particularly, the peculiar fact, in which, this Court is concerned with an HIV patient, who acted as a Counselor to other patients and who wanted to pursue his knowledge in the field of Education, this Court is of the view that the order impugned will have to be set aside. As discussed above, the petitioner was acted only as a Counselor and his job was to counsel the other HIV/AIDS patients. Therefore, it cannot be equated with an employee of a regular establishment.

8. Hence, considering the above said facts, this Court is inclined to set aside the order impugned and the same is set aside accordingly. Consequently, the respondents are directed to publish the results of the petitioner pertaining to the final semester of three years degree course in Bachelor of Law.

9. The Writ Petition is allowed as indicated above. Consequently, the connected miscellaneous petition is closed. No costs.

SML To

1.The Registrar, Tamil Nadu Dr.Ambedkar Law University, "Poompozhil", No.5, Dr.D.G.S.Dinkaran Salai, Chennai-600 028.

2.The Controller of Examinations, Tamil Nadu Dr.Ambedkar Law University, "Poompozhil", No.5, Dr.D.G.S.Dinkaran Salai, Chennai-600 028.

3.The Principal, Government Law College, Madurai.

4.The Dean, Government Rajaji Hospital, Madurai-625 020.