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2013 Supreme(Mad) 1920

MADURAI BENCH OF MADRAS HIGH COURT
S. MANIKUMAR, J.

M/s. Dhaya College of Engineering, Madurai District
Versus
The Secretary to Government, Higher Education Department, Government of Tamil Nadu & Others
W.P (MD) No. 8719 of 2013 & Connected Miscellaneous Petitions
Decided On : 07-06-2013

Advocates Appeared:
For the Petitioner:P. Wilson, Senior Counsel for Veera Kathiravan, Advocate.
For the Respondents:Chellapandian, Additional Advocate General, State of Tamil Nadu, Assisted by M. Rajarajan, Standing Counsel for Anna University

Headnote:

The University has the right to inspect and also to see that the College before affiliation complies with all the requirements including safety requirement of the University. Once the Court held, that the University was to consider the grant of affiliation only keeping in view the first Inspection Report and representation of the petitioner that defects pointed out therein stood complied with and that Judgment had attained finality, the respondents are bound to decide the question of affiliation based on first Inspection Report alone, and can not insist on the second inspection.

Fact of the Case:

The petitioner college filed a Writ of Certiorarified Mandamus, calling for the records relating to the order of the Registrar, Anna University, Chennai, by which, the University has informed the Principal of the college that the University is not in a position to grant affiliation to the college for the academic year 2013-14. The University has rejected the request for affiliation to the college, for the academic year 2013-14, on the grounds that the Inspection Committee, could not inspect the college, as the gate was closed and due to non cooperation to the Committee.

Finding of the Court:

The University has the right to inspect and also to see that the College before affiliation complies with all the requirements including safety requirement of the University. Once the Court held, that the University was to consider the grant of affiliation only keeping in view the first Inspection Report and representation of the petitioner that defects pointed out therein stood complied with and that Judgment had attained finality, the respondents are bound to decide the question of affiliation based on first Inspection Report alone, and can not insist on the second inspection.

Issues: Whether the University has the right to inspect the college and demand production of necessary records. Whether the University can act contrary to the directions issued by the Court.

Ratio Decidendi: The University has the right to inspect and also to see that the College before affiliation complies with all the requirements including safety requirement of the University. Once the Court held, that the University was to consider the grant of affiliation only keeping in view the first Inspection Report and representation of the petitioner that defects pointed out therein stood complied with and that Judgment had attained finality, the respondents are bound to decide the question of affiliation based on first Inspection Report alone, and can not insist on the second inspection.

Final Decision: The writ petition is allowed with a cost of Rs.25,000/- to be paid by the Registrar, Anna University, Madras, to the petitioner's college. Consequently, connected Miscellaneous Petitions are closed.

Judgment :-

1. M/s. Dhaya College of Engineering, Madurai District, has filed a Writ of Certiorarified Mandamus, calling for the records relating to the order of the Registrar, Anna University, Chennai, by which, the University has informed the Principal of the college that the University is not in a position to grant affiliation to the college for the academic year 2013-14.

2. For better appreciation of the reasons stated by the University for not granting affiliation, this court deems it fit to extract the Letter No.CA1/057/2013 dated 20.05.2013.

Sub : Affiliation for the academic year 2013-14 - status informed - reg.

Ref : 1.Your application for affiliation for the academic year 2013-14 dated 05.03.2013.

2. This office letter No.CAI/057/2013-14 dated 09.05.2013.

3. Your letter dated 13.05.2013.

With reference to your application first cited in the reference submitted for affiliation for the academic year 2013-14, you were informed about the visit of the inspection committee to your college on 13.05.2013 through this office letter second cited, so as to verify the fulfillment of the requirements as per the statutory affiliation norms and standards of the University to consider the grant of provisional affiliation for the academic year 2013-14. As informed, the Inspection Committee was sent to your college on 13.05.2013 without prejudice to the contentions of the University in the pending writ appeal against the order of Justice K.Vinod Sharma dated 21.09.2012.

However, the Inspection Committee could not inspect your college, as your gate was closed and you did not extend your co-operation to the Inspection committee. The Inspection Committee has reported that your college has not been functioning in the recent past from the mere look of the college from outside.

Hence, it is informed that the University is not in a position to grant affiliation to your college for the academic year 2013-14.

3. Inviting the attention of this court to the schedule of events for Tamil Nadu Engineering Admissions 2013, Mr.Wilson, Learned Senior Counsel appearing for the petitioner college advanced arguments. Mr.Chellapandian, learned Additional Advocate General, State of Tamil Nadu, made a detailed reply. Considering the chequered history of the college and the schedule stated supra, this court deems it fit to dispose of the writ petition.

4. Tracing the chequered history of this case, eversince AICTE, New Delhi, has granted approval for the engineering college, for the academic year 2011-12, vide proceedings dated 18.08.2011 and the rectification of the defects noticed by the inspection committee on 22.07.2011 namely, 1)non availability of 175 books, 2)request to shift the cafeteria from inside the building to outside the building and 3)provision for transportation to the students and inviting the attention of this court to the specific directions issued by the Hon'ble Bench of this court in W.A(MD)No.740/2011 dated 09/10.08.2011, decision in W.P(MD) No. 9667/2011 dated 21.10.2011, confirmed on appeal in W.A(MD) No. 1517/2011 dated 20.12.2011, which was confirmed by the Hon'ble Supreme Court in Special Leave to Appeal (Civil) Nos.17760 and 17761/2012, Mr.P.Wilson, Learned Senior Counsel appearing for the petitioner college submitted that though the Hon'ble Division Bench of this court, on more than one occasions has made a categorical pronouncement and reaffirmed its decision, that Anna University cannot go beyond the directions of the Division Bench, in making any fresh inspection, under the guise of verifying the requirements of norms and standards of the University, to consider the issue of grant of affiliation, for the college, actuated by malice and bent upon to deny affiliation, the University has once again, rejected the request for affiliation to the college, for the academic year 2013-14, on the grounds that the Inspection Committee, could not inspect the college, as the gate was closed and due to non cooperation to the Committee. He fu























































































































































































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