O R D E R

The Writ Petition is filed under Article 226 of Constitution of India praying for issuance of Writ of Certiorari, to call for the records comprised in the proceedings of the respondent dated 26.03.2010 in letter No.Fin.I(3)/25674/2009 and quash the same as illegal.

2.It is the case of the petitioner that the petitioner's college was originally affiliated to the respondent University. Thereafter, in the year 2003, it became constituent College of the Deemed University called Dr.M.G.R.Educational and Research Institute, established under Section 3 of the U.G.C. Act by Notification of the Central Government and got disaffiliated itself from the respondent University. The last batch of students admitted in their Dental College with the affiliation of the Respondent University was for the academic year 2002-2003 and the said students completed the course and left the College in the year 2006 after their final B.D.S. Examination in August 2006. The students admitted thereafter under the Deemed University from the academic year 2003-

2004 have taken up their examination under the Deemed University.

3.When the College was affiliated to the respondent University, various kinds of fees were paid to the respondent for services rendered, such as Affiliation fee, Inspection fee, University Administrative Expenses fee etc. Once the college became the Deemed University in the year 2003, the petitioner's college came under the Regulatory Control of Dental Council of India, Ministry of Health and Family Welfare and the University Grants Commission and the respondent itself conceded vide its letter dated 26.04.2003 that it has no affiliation control over the College from 2003 onwards as the College was disaffiliated from the respondent University. However, in respect of University Administrative Expenses fee is concerned, it was paid to the respondent University till 2006 inasmuch as the students admitted upto the academic year 2002- 2003 were under the affiliation control of the respondent University till 2006 for the purpose of examination in arrears subject only as the Degree certificates were to be issued by the respondent University for these candidates.

4.On 02.01.2007, the petitioner sent a letter to the respondent University enclosing a demand draft for Rs.2,25,000/- being the University Administrative Expenses fee for the year 2006 and also pointed out that the College is not liable to pay the said fees from 2007 onwards as the last batch of students under the affiliation of the respondent University completed their course in August 2006 having been admitted during the academic year 2002-2003 and requested the respondent to delete the name of the petitioner College from the list of Colleges liable to pay University Administrative Expenses fee.

5.Even thereafter, the respondent University demanded Rs.6,75,000/- for the years 2007, 2008 and 2009 at the rate of Rs.2,25,000/- each year. The petitioner also sent a reply dated 10.02.2010 to highlight the above facts pointing out that there is no necessity to pay the Administrative Expenses fee from 2007 as claimed by the respondent.

Despite the above, the Respondent University is demanding to deposit the University Administrative Expenses of Rs.6,75,000/- on the basis of the Resolution. Hence, the petitioner seeks to quash the same.

6.It is stated in the counter filed by the respondent University that some of the students admitted during the period of affiliation with the Respondent University in the year 2002 – 2003, are still writing their arrears to complete their course and they have written their arrear examination in February 2010 also. Therefore, the contention of the petitioner College that the students under the affiliation of the respondent University completed the course in August 2006 is not at all correct and the writ petition is not maintainable without challenging the Resolution No.23 passed at the 189th meeting of the Governing Council held on 30.06.2009 wherein it was h