San Academy Of Architecture v. Anna University, Rep By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.08.2018
CORAM:
THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM W.P.No.20021 of 2018 and W.M.P.No.23463 of 2018 San Academy of Architecture Rep. by Mrs. T.Jayalakshmi Chairman, Sree Amman Trust, ACC Pirivu, Navakarai PO, Mavuthampathi Village, Walayar, Coimbatore.
...Petitioner
Vs
1. Anna University, Rep by its Registrar, Chennai - 25.
2. The Director, Centre for Affiliation for Institutions, Anna University, Chennai - 25.
...Respondents
Prayer:- Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Cetiorarified Mandamus or any other appropriate Writ, Order of Direction in the nature of Writ, calling for the records on the file of the First Respondent in Lr.No.226/CAI/AU/CR Scrutiny failed/2018-15 dated 11.05.2018 and quash the same, to the limited extent of reduction of sanctioned intake from 40 to 30, to the petitioner Institute for the Academic year 2018-2019 and direct the Respondents herein the forthwith pass appropriate orders enabling the petitioner to continue to have an intake of 40 seats for B.Arch (Architecture) Course for the Academic Year 2018-2019.
For Petitioner : Mr.M.Ravi For Respondents : Mr.M. Vijayakumar
O R D E R
Heard Mr.M.Ravi, the learned counsel for the petitioner and Mr.M.Vijaykumar, the learned standing counsel for the respondents and perused the materials available on record. 2.
The Writ Petition has been filed for issuance of Writ of Cetiorarified Mandamus to quash the order of the first
respondent dated 11.05.2018, thereby intake of 40 students of B.Arch(Architecture) has been reduced to 30 and for direction to the respondents to pass appropriate order enabling the petitioner to continue to have an intake of 40 students for B.Arch(Architecture) for the academic year 2018-2019. 3.
Based on the inspection, the first respondent, by letter dated 10.04.2018, pointed out the deficiencies and directed the petitioner-institute to file a compliance report. According to the petitioner, all the deficiencies have been complied with and a report was also submitted. The respondents, without issuing a show cause notice and providing an opportunity to the petitioner, has reduced the intake of 40 to 30 students. 4.
The submission of the learned standing counsel for the respondents is that compliance report was not submitted and the notice dated 10.04.2018 shall be treated as show cause notice and after physical inspection, the respondent-university has found the deficiencies and reduced the intake of students.
5. In reply, the learned counsel for the petitioner submitted that after submitting compliance, representations were made by the petitioner dated 05.06.2018 and 02.07.2018, however, no order has been passed by the respondents on the representations and it would be suffice to issue a direction to the respondents to pass orders on the repesentations of the petitioner. It is also submitted that the Council for Architecture has given an approval for intake of 40 students for the academic year 2018-2019.
6. Though the petitioner has prayed for a larger relief, considering the submissions made by the learned counsel for the petitioner, without going into the merits of the case, this Court directs the respondents to pass orders on the representations of the petitioner dated 05.06.2018 and 02.07.2018 on merits and in accordance with the law, before the counselling is completed.
7.
With the above observations, the Writ Petition is disposed of. Consequently, connected miscellaneous petition is closed. No costs.
Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar
srn To
1. The Registrar Anna University, Rep by its Registrar, Chennai - 25.
2. The Director, Centre for Affiliation for Institutions, Anna University, Chennai - 25.
+1cc to Mr.M.VIJAYAKUMAR, Advocate, S.R.No.54483 +1cc to Mr.M.RAVI, Advocate, S.R.No. 54336 W.P.No.20021 of 2018 and W.M.P.No.23463 of 2018 TR(07/08/2018)