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Right to Education

(Querist) 08 December 2010 This query is : Resolved 
Professional Education after enrollment as BE or BL students could not be completed by various students due to employment, ill-health transfer out of State, etc. University of Madras has now stopped conducting exams for arrears papers. Many students have now approached to give ONE FINAL opportunity to earn a professional degree. University has declined the request though they have accepted the representations for conduct of M.L. Degree exams by accepting penalty of Rs.30000/- each from all old candidates. My Query:

1. Are there any provisions in law which would make these students to establish their Rights to professional education?

2. What are the options available to these students to direct the university to conduct exams.

3. Though they have already paid one-time penalty of Rs.25000/- as demanded by the University during June 2010, University have never mentioned that it is final chance to appear for arrears exams misleading the students to skip appearance for few subjects anticipating another chance. Can this decision be challenged in the court of law? Whether suit is main-tenable?

4. What are legal options left to such pathetic students who are deprived to write exams for few pending subjects?

5. Can University take such a draconian decision to deny students gaining a professional degree?

6. If they have accepted for M.L. Degree, why it is not applicable to UG degrees for law and engineering?

Experts to quote citations and specific provisions of law to support their arguments. Thanks in Advance
Khaleel Ahmed (Expert) 08 December 2010
Only one remedy available .ie., writ petition before High Court.
Kirti Kar Tripathi (Expert) 08 December 2010
Mr. Parth, you also
know the answer of these questions better than us.
Raj Kumar Makkad (Expert) 08 December 2010
The only option remains to file Writ Petition before HC.
Parthasarathi Loganathan (Querist) 09 December 2010
Yes Sir. But since I am not an Advocate, I cannot take up the case personally. Any takers for the job in and around Chennai?
s.subramanian (Expert) 10 December 2010
Yes. Mr.Loganathan I shall do it at your request. Please refer to the Supreme Court's judgment in Unnikrishnan's case.


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