R.Ragul v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.06.2020 CORAM :

THE HON'BLE MR.A.P.SAHI, CHIEF JUSTICE AND THE HON'BLE MR.SENTHILKUMAR RAMAMOORTHY REVIEW APPLICATION NO.46 OF 2020 IN W.A.NO.51 OF 2020 The Anna University, rep. by its Registrar, Anna University Campus, Guindy, Chennai - 600 025.

.. Petitioner/Appellant vs.

1. Mahendra Institute of Technology, rep. by its Principal, Salem-Tiruchengode Highway, Mahendhirapuri, Mallasamudram, Namakkal - 637 503.

.. 1st Respondent/1st Respondent

2. The University Grants Commission, rep. by the Secretary, University Grants Commission, Bahadur Shah Zafar Marg, New Delhi - 110 001.

.. 2nd Respondent/2nd Respondent Review Application filed under Order 47 Rule 1 r/w 114 of CPC seeking to review the order passed in W.A.No.51 of 2020, dated 14.02.2020 on the file of this Court.

W.A.No.51 of 2020:- Writ Appeal filed under clause 15 of the letters patent against the order dated 26.11.2019 passed by the learned single judge in WP.No.29486 of 2019.

WP.No.29486 of 2019:- This Writ Petition is filed under Article 226 of the Constitution of India, for a Writ of Certiorarified Mandamus

calling for the records of the 1st Respondent in Letter No.2170/AU/CAC/Autonomous/2019, dated 31/07/2019 and subsequent order in letter No.2170/AU/CAC/Autonomous/2019, dated 16/08/2019 and quash the same and consequently direct the 1st respondent to issue necessary notification/orders with reference to Autonomous Status of the Mahendra Institute of Technology Mallasamudram, Namakkal District in the light of the order of the Honourable Supreme Court in Civil Appeal No.5835 - 5836 of 2019, dated 24/07/2019.

For Petitioner : Ms.Narmada Sampath Addl. Advocate General assisted by Mr.M.Vijayakumar For Respondents : Mr.G.Masilamani Senior Counsel for M/s.Muthumani Doraisami for respondent No.1 Mr.Rabu Manohar for respondent No.2

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) Having heard Ms.Narmada Sampath, learned Additional Advocate General along with Mr.M.Vijayakumar for the applicant and the grounds raised in the review application, we are satisfied that there is no error apparent on the face of the record in the conclusions drawn, particularly on the legal issues that were raised and which have been categorically recorded from paragraph 14 onwards of the judgment dated 14.02.2020.

2. Learned counsel for the applicant vehemently urged that a certain fact relating to the action taken by the University could not be brought on record and, therefore, that error of fact impels the filing of the review application.

3. Learned counsel has invited the attention of the Court to the grounds raised in the review application, but we find that the contest that is sought to be raised before us through the review application is virtually questioning the action of the University Grants Commission on the ground that there was nonapplication of mind. This issue has already been dealt with by us and we find no challenge having been raised by the University

to the action of the University Grants Commission independently of these proceedings. Consequently, we neither find any error of fact nor of law which may amount to an error apparent on the face of the record so as to warrant interference on the review application moved by the applicant University. The review application, therefore, lacks merit and is accordingly rejected. No costs.

Sd/- Assistant Registrar(MD) //True Copy// Sub Assistant Registrar sasi/bbr To:

1.

The Secretary, University Grants Commission, Bahadur Shah Zafar Marg, New Delhi - 110 001.

2.

The Registrar, Anna University, Anna University Campus, Guindy, Chennai-600 025.

Review Application No.46 of 2020 AD(CO) CS/13/07/2020