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2025 Supreme(Online)(Mad) 75978

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice R. SURESH KUMAR
THE REGISTRAR – Appellant
Versus
SRI VENKATESWARA INSTITUTE OF SCIENCE AND TECHNOLO – Respondent
W.P.No.33710 of 2025 | W.P.No.31428 of 2025



Advocates:
For the Appellants/Petitioners: J. Ravindran, U. Baranidharan
For the Respondents: A. Selvendran

A university cannot refuse to revoke suspension of affiliation on ground of expiry of a Supreme Court deadline when it had agreed to reconsider the matter after that deadline and the college had fulfilled minimum criteria before the deadline.

Headnote:(A) Constitution of India - Article 226 - Affiliation of colleges - Academic calendar - Deadline for grant of affiliation - Supreme Court judgment on academic calendar - Delay by university cannot be fastened on petitioner - Respondent cannot take technical objection after having led court to pass order for reconsideration after expiry of deadline - Once compliance with minimum criteria is met, suspension cannot be maintained.

(B) Writ appeal - Scope - Single judge's pragmatic approach allowing writ for courses where compliance met and dismissing for others - No interference.

Facts of the case:
The writ petitioner college, running since 2002, secured approval from the national technical education council for academic year 2025-2026 on 20.03.2025. It applied for extension of affiliation from the respondent university on 28.11.2024. The university conducted inspection on 19.02.2025, noted defects, and issued show cause notices. The petitioner uploaded compliance reports. Despite this, the university suspended the petitioner's programmes on 31.07.2025 citing deficiencies. The petitioner filed a writ petition; the court directed the university to reconsider after examining documents and granting hearing. The university passed an order on 28.08.2025 recording that the petitioner had fulfilled minimum criteria for 7 undergraduate and one MBA programme but refused to revoke suspension because the deadline fixed by the Supreme Court (14.08.2025) had expired. The single judge quashed the suspension for those courses and dismissed the writ for remaining programmes. The university appealed.

Findings of Court:
The delay at the hands of the university cannot be fastened upon the writ petitioner. The university, having led the court to pass an order on 21.08.2025 (after the deadline) directing reconsideration, cannot later rely on the deadline to refuse revocation. The petitioner had uploaded compliance reports before the deadline. The single judge's order, allowing the writ only for courses where compliance was met, was a pragmatic and balanced approach. The appeal was dismissed.

Issues: The main issue was whether the university could refuse to revoke the suspension of affiliation on the ground that the Supreme Court deadline had expired, when the university had agreed to reconsider the matter after that deadline and the college had satisfied the minimum criteria before the deadline.

Ratio Decidendi: Once the university consented to reconsider the petitioner's application after the prescribed deadline, it is estopped from raising the technical objection of the deadline's expiry. Moreover, the compliance was made before the deadline, and the delay in verification was attributable to the university. The suspension cannot stand when the college meets the required norms. Result : Writ appeal dismissed.

Legal Category Hierarchy

  • administrative law
    • affiliation of technical institutions
      • compliance with deficiencies (Para 21, 22)
      • deadline for affiliation (Para 16, 17, 18)
    • estoppel by court order (Para 19, 20)
  • practice and procedure
    • writ jurisdiction
      • writ petition against suspension of affiliation
    • appeal
      • writ appeal (Para 24)

Table of Contents

1. Affiliation suspension — Subsequent compliance — Single judge quashed suspension for compliant courses — Appeal by university. (Para 5 , 6 , 7 , 8 )

2. University argued deadline for affiliation had passed — College argued compliance met and university bound by earlier order. (Para 10 , 15 , 16 , 17 )

3. Writ appeal dismissed — Single judge's partial quash of affiliation suspension affirmed. (Para 23 , 24 )

4. Can a university rely on a Supreme Court-imposed deadline to refuse consideration of affiliation after it agreed to consider compliance pursuant to a court order passed after that deadline?

No, because the court order was passed after the deadline and the university consented to consider, it is estopped from later invoking the deadline. (Para 18 , 19 , 20 )

5. Is a university justified in continuing suspension of affiliation when the college has subsequently met all minimum requirements and the university itself acknowledged compliance?

No, once requirements are met, the university cannot refuse to revoke suspension. (Para 21 , 22 )

6. Was the single judge correct in partially allowing the writ petition for courses where compliance was met and dismissing for others?

Yes, the approach was pragmatic and balanced, and upheld on appeal. (Para 23 , 24 )

JUDGMENT

(JUDGMENT MADE BY V.LAKSHMINARAYANAN, J.)

The appellants were the respondents 1 and 2 in the writ petition, the first respondent was the writ petitioner, and the second and third respondents are the respondents 2 and 4 respectively in the writ petition.

2. For the sake of convenience, the parties shall be referred to as per their ranks in the writ petition.

3. W.P.No.33710 of 2025 was presented by the writ petitioner seeking to quash the order of the first respondent dated 31.07.2025 and the consequential order dated 28.08.2025 and to direct the respondents 1 to 3 to grant affiliation to the petitioner college for the academic year 2025-2026.

4. The petitioner has been running a college since the year 2002. It secured approval from the All India Council for Technical Education (hereinafter referred to as ‘AICTE’) for the academic year 2002-2003. The respondents had also granted it affiliation for the very academic year. AICTE granted approval to the petitioner for the academic year 2025-2026 on 20.03.2025. The petitioner filed an application to the Directorate Center for Affiliation of Institutions, Anna University, Guindy, Chennai -600 025, seeking extension of affiliation. This application was made on 28.11.2024.

5. The third respondent send an inspection Committee to petitioner College on 19.02.2025. The inspection team noted certain defects. This was informed to the petitioner by the Anna University on 17.06.2025. The petitioner in compliance thereof, uploaded all the requisite details on 27.06.2025. On 09.07.2025, the first respondent issued a show cause notice, which was received by the petitioner, on 15.07.2025. The petitioner immediately uploaded the compliance report, on to the website of the respondents. Yet again, the first respondent issued a second deficiency notice. The petitioner informed the compliance on 17.07.2025. This was followed by another deficiency note on 17.07.2025, which was yet again responded by the petitioner, giving all the details on the very same day.

6. In the mean time, Engineering counselling was conducted, pursuant to which 9 students were allotted to the petitioner on 31.07.2025 and 51 students for lateral entry category were also allotted. Through the consortium of private colleges, the petitioner admitted 42 students under Lateral Entry, 56 students in first year Engineering Courses and 85 students in the MBA courses. By an order dated 31.07.2025, the first respondent informed the petitioner on 03.08.2025, that as deficiency exists in the petitioner college, it is suspending the petitioner’s programmes for the academic year 2025- 26.

7. Upon becoming aware of the said order, the petitioner filed a writ petition in W.P.No.31428 of 2025 stating that the petitioner had complied with all the requirements and it is the respondents, who had not verified the same. This court by an order dated 19.08.2025, directed the first respondent to go through the documents of the petitioner, which have already been submitted as well as any other additional documents that the petitioner would submit on 22.08.2025, grant him personal hearing on 25.08.2025 and thereafter, pass appropriate orders.

8. The petitioner states that, in compliance with the order of this Court, the Principal appeared, before the first respondent, with the physical copies of the documents as well as the compliance reports uploaded on the web portal of the first respondent on 22.08.2025. The Principal of the petitioner institution also attended the enquiry. Thereafter, an order came to be passed on 28.08.2025, wherein it was recorded that the petitioner college though had fulfilled the minimum criteria in respect of 7 UG programmes and one MBA programme, the first respondent cannot revoke the order of suspension on the ground that the deadline fixed by the Supreme Court i.e., 14.08.2025, had expired. Aggrieved by the same, the petitioner filed a writ petition.

9. This court entertained the writ petition. The respondents went by way of a

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