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IN THE HIGH COURT OF JUDICATURE AT MADRAS
ABDUL QUDDHOSE, J.
Mahalakshmi Engineering College, C/o. Shri Mahalakshmi Trust, Chennai - Appellant
Versus
The Anna University, Rep. by its Director, Centre for Affiliation of Institution, Chennai - Respondent
W.P. No. 5665 of 2022
Decided On : 10-08-2022
Affiliation - Writ petition challenging rejection of provisional affiliation for B.E. Courses - [Agricultural Engineering, Bio Medical Engineering and Marine Engineering] - [Article 14 of the Constitution of India, AICTE Academic Calendar, Supreme Court Orders] - The court discussed the rejection of the petitioner's application for provisional affiliation, citing the late payment of affiliation fees, the commencement of TNEA counselling, and the rejection of the petitioner's request for addition and reduction of courses by AICTE. The court found that the rejection of the provisional affiliation was valid due to the late payment of fees and the failure to meet the specified deadlines.
Fact of the Case:
The petitioner college sought provisional affiliation for additional B.E. Courses for the academic year 2021-22, but the application was rejected due to late payment of affiliation fees and the commencement of TNEA counselling. The petitioner challenged the rejection, citing various grounds including AICTE's approval extension and the revised academic calendar.
Finding of the Court:
The court found that the rejection of the provisional affiliation was valid due to the late payment of fees and the failure to meet the specified deadlines. The court also noted that the petitioner's request for addition and reduction of courses was rejected by AICTE, and the petitioner's late payment of fees did not warrant equity.
Issues: Late payment of affiliation fees, commencement of TNEA counselling, rejection of the petitioner's request for addition and reduction of courses by AICTE.
Ratio Decidendi: The rejection of the petitioner's application for provisional affiliation was valid due to the late payment of fees and the failure to meet the specified deadlines. The court also emphasized that the petitioner's late payment of fees did not warrant equity.
Final Decision: The court dismissed the writ petition, upholding the rejection of the petitioner's application for provisional affiliation. No costs were awarded.
JUDGMENT
(Prayer: Writ petition filed under Article 226 of the Constitution of India for writ of certiorarified mandamus calling for the records of the respondent culminating in the impugned letter dated 18.02.2022 vide Lr.No.717/CAI/AU/2022 and QUASH the same and issue direction to the respondent to grant provisional affiliation for 5 years B.E. Courses recognized AICTE by for the Academic Year 2021-2022.)
1. This writ petition has been filed challenging the impugned letter dated 18.02.2022 rejecting the petitioner college seeking for provisional affiliation for three additional B.E.Courses (Agricultural Engineering, Bio Medical Engineering and Marine Engineering) for the academic year 2021-22 on the ground that the petitioner college remitted the affiliation fee of Rs.2,40,000/- only on 13.10.2021 beyond the deadline fixed for the said payment which is on 10.10.2021.
2. The petitioner has challenged the impugned letter on the following grounds:
(a) The respondent is aware that the extension of approval was granted on 10.07.2021, by the All India Council for Technical Education (herein after referred to as “AICTE”), while the request made by the petitioner for surrender and addition of courses was pending consideration of AICTE. In pursuance of the order dated 12.08.2021 passed by the Hon'ble First Bench of this Court in W.P.No.7969 of 2021, AICTE chose to reject the request for surrender and addition of Courses of the petitioner only on 24.09.2021. Hence, no fault can be attributed to the petitioner. On the other hand, AICTE had chosen to give, approval for addition and reduction of courses for 20 colleges pursuant to the abovementioned order dated 12.08.2021. On 05.10.2021, AICTE had written to the respondent to grant affiliation to twenty institutions as special case. Therefore, the reason set out in the impugned letter dated 18.02.2022 that the affiliation fees was remitted on 13.10.2021 after commencement of TNEA counselling on 27.09.2021, is unreasonable, arbitrary and violation of Article 14 of the Constitution of India.
(b) The respondent is well aware that the AICTE itself had revised its academic calendar for academic year 2021-2022. It had sought the approval of the Hon'ble Supreme Court. The Hon'ble Supreme Court by its order dated 25.10.2021 accepted the same. It can been seen from the revised academic calendar of AICTE that the last date for admission of 1st year students in engineering college was extended upto 30.11.2021. It is admitted in the impugned letter that the affiliation fees was remitted on 13.10.2021. So there was no impediment to the respondent to grant affiliation for B.E. courses having extension of approval as early as on 10.07.2021 from AICTE.
(c) This Court by its order dated 16.12.2021 was conscious in declining the 2nd Part of the Prayer in W.P.No.26813/2021 while directing the respondent to consider the grant of provisional affiliation for the academic year 2021-2022. The impugned letter refers to commencement of TNEA counselling on 27.09.2021 as a reason for denial by specious reason that remittance of affiliation fees has taken place after the commencement counselling which shows a clear non application of mind, on the part of the respondent to (a) the order dated 12.08.2021 passed in W.P.No.7969/2021, (b) the order of the Apex Court dated 25.10.2021 passed in M.A.1658/2021 in C.A.No.9048/2012, (c) the order of this Court dated 16.12.2021 passed in W.P.No.26813/2021, filed by the petitioner and (d) the direction of AICTE calling upon Respondent to grant approval for twenty institutions on 05.10.2021.
(d) The rejection of the request for grant for provisional affiliation in respect of petitioner college having recognition for BE courses for the Academic year 2021-2022 vide Extension of approval by AICTE dated 10.07.2021 and that too, when the college having remitted the affiliation fee on 13.10.2021, in the light of the order of the Hon'ble Supreme Court approving revised academic
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The purpose of “recognition” and “affiliation” is different. In the context of the N.C.T.E. Act, “affiliation” enables and permits an institution to send its students to participate in the public exa....
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