HC dismisses maritime institute’s plea
TIMES NEWS NETWORK
Chennai:16.06.2019
A division bench of the Madras high court has dismissed an appeal by a maritime studies institution in the city against a single judge direction to return the original certificates of 11 students who joined the institution in the academic year 2018-19.
The students had moved the court to direct Southern Academy of Maritime Studies, Royapuram, to refund their fees and return their certificates to enable them to join any other regular college from the next academic year.
A court writ had directed the institution to return the original certificates on or before June 17 and report compliance. Aggrieved over the direction, the college had filed an appeal claiming no opportunity was given to put forth its contention on the merits of the case.
A division bench of Justices S Manikumar and Subramonium Prasad observed that in the case on hand, the institution is not remediless. Though at the interim stage, the court had granted one portion of the main relief sought for, the petition is pending and is open to the institution to move an application under Article 226 (3) of the Constitution to vary the order, the division bench pointed out and held that it’s not inclined to entertain the appeal.
Dismissing the appeal, the bench said it is open to the institution to move the court concerned under Article 226 (3) and requested the court concerned to deal with the case on merits if such an application is filed.
TIMES NEWS NETWORK
Chennai:16.06.2019
A division bench of the Madras high court has dismissed an appeal by a maritime studies institution in the city against a single judge direction to return the original certificates of 11 students who joined the institution in the academic year 2018-19.
The students had moved the court to direct Southern Academy of Maritime Studies, Royapuram, to refund their fees and return their certificates to enable them to join any other regular college from the next academic year.
A court writ had directed the institution to return the original certificates on or before June 17 and report compliance. Aggrieved over the direction, the college had filed an appeal claiming no opportunity was given to put forth its contention on the merits of the case.
A division bench of Justices S Manikumar and Subramonium Prasad observed that in the case on hand, the institution is not remediless. Though at the interim stage, the court had granted one portion of the main relief sought for, the petition is pending and is open to the institution to move an application under Article 226 (3) of the Constitution to vary the order, the division bench pointed out and held that it’s not inclined to entertain the appeal.
Dismissing the appeal, the bench said it is open to the institution to move the court concerned under Article 226 (3) and requested the court concerned to deal with the case on merits if such an application is filed.
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