The Madras High Court today asked the counsel for a petitioner, who filed a fresh plea in connection with shifting of the Dr Ambedkar Law College, to ask agitating students to attend classes first.
"You cannot have judicial remedy and agitational remedy," the First Bench, comprising Chief Justice Sanjay Kishan Kaul and Justice M.M. Sundresh, orally observed when counsel Raghavachari appeared on behalf of Jimraj Milton, an advocate, who filed the fresh petition.
A fresh petition was filed seeking a direction to quash a part of the government order dated July 7,2009 issued on the basis of the report of Justice Shanmugam Commission of Inquiry which was appointed to go into the clash between two groups of Law College students and the violence that erupted subsequently on November 12, 2008.
The Chief Justice, while hearing the petition, told the counsel that the students cannot come for redress of their grievance to the court and continue the agitation.
While referring to the agitation of the students, the Chief Justice said it is an unfortunate one.
Raghavachari in his arguments submitted that government had no power to shift the college and the power is vested with only the University.
He also submitted that the government cannot take decision on the Inquiry report of the Justice Shanmugam Commission as terms of reference of the Commission did not cover the question on continuation of legal education.
Justice Kaul orally observed that several recommendations had been made by the Commission, including quality of education. "If quality was a main issue,somebody should have taken it up for implementation. These issues were being brought up only when the institution was proposed to be shifted. The Counsel then gave an undertaking that the students would be asked to attend classes."
The Bench adjourned the matter for further hearing on February 13.
While dismissing a PIL filed by a student for a direction to the Secretary of Law Department not to shift the college to any other location, the court had on Tuesday found fault with students for taking the law into their own hands. It had said shifting the college was a necessity as experts had said its condition was precarious and urgently needed repairs.
