St.Joans Educational Trust v. University Grants Commission
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.01.2023
CORAM
THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN W.P.No.67 of 2023 and W.M.P.No.51 of 2023 St.Joan's Educational Trust, Jangalahali, B.Pallipati P.O., Pappireddipatti Taluk, Dharmapuri District - 635 301.
Established and Administering P.S.V.College of Engineering and Technology, Mittapalli, Balinayanapalli (Post), Elathagiri (S.O), Krishnagiri District - 635 108.
Represented by its Managing Trustee and Chairman Dr.P.Selvam .. Petitioner Vs.
1.University Grants Commission Represented by its Secretary, Bahadur Shah Zafar Marg, New Delhi - 110 002.
2.The Registrar, Anna University, Sardar Patel Road, Chennai - 600 025.
... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the 2nd respondent in letter No.5922/AU/CAC/Autonomous/2022 dated 21.12.2022 quash the same and consequently direct the 1st respondent University Grants Commission to pass order on the application of the petitioner college for grant of Fresh Autonomous Status for the academic year 2023 - 2024 dated 22.11.2022 and 02.12.2022 independently within the time limit fixed by this Court. For Petitioner .. Mr.D.Prabhu Mukunth Arun Kumar For R1 .. Mr.B.Rabu Manokar, Standing Counsel.
For R2 .. Ms.R.Reka for Ms.Meenakshi Sundaram, Standing Counsel
ORDER
This writ petition has been filed in the nature of Certiorarified Mandamus seeking interference with an order dated 21.12.2022 passed by the 2nd respondent / the Registrar, Anna University, Chennai in Letter No.5922/AU/CAC/Autonomous/2022.
2.It is however, pointed out by the learned counsel for the petitioner that the order of the 2nd respondent has become otiose and has no effect whatsoever since, the 1st respondent, University Grants Commission, will have to independently apply their mind and examine whether the petitioner college can be determined as autonomous institution. 3.The 1st respondent has their own methodology to examine whether a particular institution has to be denominated as an autonomous institution or not. Let the 1st respondent proceed to continue to do that particular exercise. 4.It is stated that the petitioner has uploaded the relevant information. The 1st respondent may conduct inspection in the campus of the institution or may even give an opportunity of personal hearing and thereafter, take a decision. It would only be appropriate that the 1st respondent takes such decision within a reasonable period of time. Though it is stated that such decision would take about six weeks of time, I would give an outer time limit of 28.02.2023 to comply with the formalities.
5.Though the relief sought is to interfere with the order of the 2nd respondent, since the said order has become otiose and has no effect and the 1st respondent has to independently take a decision, instead of granting that relief, which is sought namely, certiorarified mandamus to quash the order, I would rather direct a mandamus to the 1st respondent to examine the details uploaded by the petitioner and proceed to take a decision whether to grant autonomous or not to grant autonomous status to the petitioner. As stated, the said exercise should be completed on or before 28.02.2023. 6.With the above observations, this Writ Petition stands disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed. 05.01.2023 Index:Yes/No Internet:Yes/No smv
To 1.The Secretary University Grants Commission, Bahadur Shah Zafar Marg, New Delhi - 110 002.
2.The Registrar, Anna University, Sardar Patel Road, Chennai - 600 025.
C.V.KARTHIKEYAN,J.
smv W.P.No.67 of 2023 and W.M.P.No.51 of 2023 05.01.2023