BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT RESERVED ON : 06.09.2022 DELIVERED ON : 15.09.2022 CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.15548 of 2013 and M.P(MD)No.1 of 2013 The American College (Autonomous), Represented by its Principal and Secretary, Alagar Koil Road, Tallakulam, Madurai. ... Petitioner Vs.

1.All India Council for Technical Educational, 7th Floor, Chandralok Building, Janapath, New Delhi-101 001.

2.The Madurai Kamarajar University, Represented by its Registrar, Madurai. ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for records relating to the impugned proceedings issued by the first respondent to File No.SRO/1-522890691/AB/348, dated 29.05.2013 and quash the same as illegal and consequently forbear the respondent from any way interfering with the petitioner's right to offer MBA Degree course with a sanctioned strength of 60 seats, as per the order of affiliation issued by the second respondent, dated 19.08.2005. For Petitioner : Mr.M.Ajmal Khan, Senior Counsel for M/s.Ajmal Associates For R-1 : Mr.N.Dilip Kumar For R-2 : Mr.T.Sakthi Kumaran

ORDER

The present Writ Petition has been filed seeking to quash the impugned show cause notice issued by the first respondent herein and for a consequential Mandamus, forbearing the respondents from any way interfering with the petitioner's right to offer MBA Degree course with a sanctioned strength of 60 seats, as per the order of affiliation issued by the second respondent, dated 19.08.2005.

2. The learned Senior Counsel for the writ petitioner has made the following submissions:

(i) The petitioner's Institution is an Autonomous Minority Institution established in the year 1881 at Madurai. It was affiliated to the second respondent University from the year 1966 onwards and it was granted Autonomous Status in the year 1978. The petitioner's College was also accredited with five star status by the National Board of Accreditation in the year 2000.

(ii) The learned Senior Counsel further submitted that the petitioner College started MBA (Master of Business Administration) Post Graduate degree course in the year 1995. The first respondent had granted approval for the same with an intake of 60 students. Thereafter, every year, the said approval was extended. He further contended that the second respondent University has also granted approval for the said course with a sanctioned regular strength of 60 students.

(iii) According to the learned Senior Counsel the sanctioned strength of the petitioner college to the above said course was suddenly reduced from 60 to 30 for the academic year 2007-2008 by the first respondent herein. The said order was challenged before this Court in W.P(MD)No. 3854 of 2007. By way of an interim order, 60 students were regularly admitted to the said course. The writ petition was dismissed on 25.08.2010.

He further contended that the petitioner college had also filed W.P(MD)No. 5403 of 2008, seeking a Mandamus forbearing the first respondent herein from disturbing the petitioner college in admitting 60 students for the academic year 2008-2009. The said writ petition was closed on 03.04.2013.

(iv) The learned Senior Counsel further contended that the present impugned show cause notice has been issued by the first respondent herein on 29.05.2013. In the show cause notice, it has been alleged that after reduction in the intake of students from 60 to 30, the petitioner college had continued to admit 60 students from the academic year 2008-2009 onwards in violation of the (All India Council for Technical Education) AICTE regulations. The show cause notice called upon the petitioner college to offer their explanation within a period of 10 days, why action should not be initiated against them. The said order is under challenge in the present writ petition.

(v) According to the learned Senior Counsel, AICTE regulations do not cover M