Good Shepherd Educational v. State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.08.2018
CORAM
THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM WP.No.20295 of 2018 W.P.M.P.No.23833 of 2018 Good Shepherd Educational Trust, Rep. by its Managing Trustee, Mr.G.D.Mitra
...Petitioner
Vs.
1. State of Tamil Nadu, Rep. by its Principal Secretary, Higher Education Department, Secretariat, Fort St. George, Chennai - 600 009.
2. The Registrar, Anna University,Sardar Patel Road, Guindy, Chennai - 600 025.
3. The Commissioner of Technical Education, Directorate of Technical Education, No.53, Sardar Patel Road, Guindy, Chennai - 600 025.
4. The Secretary, Tamil Nadu Engineering Admissions, Anna University, Sardar Patel Road, Guindy, Chennai - 600 025.
...Respondents
PRAYER:
Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondents to allot counselling code Number and seat matrix to the petitioner's College viz., Good Shepherd College of Engineering and Technology and to inculde the name of the petitioner's college in the counselling list of colleges for Tamil Nadu Engineering admissions in the Anna University Web portal for the academic year 2018-2019.
For Petitioner : Mr.V.Raghavachari, for M/s.Joel For Respondents: Mr.P.H.Arvindh Pandian, AAG asst. by Mr.K.Karthikeyan, G.A., for RR1 & 3 Mr.M.Vijayakumar, Standing Counsel, for RR2 & 4
ORDER
Heard Mr.V.Raghavachari, learned counsel for M/s.S.Joel, learned counsel for the petitioner, Mr.P.H.Arvindh Pandian, Additional Advocate General, assisted by Mr.K.Karthikeayn, learned Government Advocate for respondents 1 and 3 and Mr.M.Vijayakumar, learned Standing Counsel for respondents 2 and 4 and perused the materials available on record.
2. This Writ Petition has been filed for issuance of a writ of mandamus, directing the respondents to allot counselling code number and seat matrix to the petitioner's College, viz., Good Shepherd College of Engineering and include the name of the petitioner's College in the counselling list of Colleges for Tamil Nadu Engineering Admissions in the Anna University for the academic year 2018-2019.
3. The case of the petitioner is that the petitioner Trust is running Good Shepherd Matriculation Higher Secondary School at Marthandam from 1988 and the strength of the students is 2500. The Trust with an intention to start Technical Education to facilitate the students in and around the Villages, applied for approval from All India Council for Technical Education (AICTE). The letter of approval was granted to the Institution, dated 10.04.2018. Subsequently, the petitioner approached the Anna University, Chennai, seeking affiliation.
4. The petitioner would further state that since the application for affiliation was not considered, a Writ Petition in W.P.No.12096 of 2018 was filed seeking direction to consider the grant of affiliation. Though the Writ Petition was dismissed on 09.05.2018, however, pursuant to the order passed in Writ Appeal in W.A.No.1164 of 2018, the second respondent has granted affiliation to the petitioner's Institution.
5. The grievance of the petitioner is that despite grant of recognition and affiliation by the competent authorities, the petitioner's institution was not included in the couselling list conducted by the fourth respondent for the academic year 20182019.
6. According to the learned Additional Advocate General, the seat matrix is the distribution of seats for various branches of all the Engineering Colleges in Tamil Nadu according to the reservation policy of the Government. Hence, all the Principals of the Engineering Colleges were requested to furnish the details of surrender of seats for on-line counselling for admission to the first year B.E./B.Tech/B.Arch Degree Course for the academic year 2018-2019 and the last date for submission was
intimated as 18.05.2018 and later the time was extended up to 28.05.2018.
7. It is further submitted that the seat matrix prepared in full shape was handed over to the Secretary, Tamil Nadu Engineering Admission (TNEA), Anna University on 25.06.2018. Subsequently, the petitioner Trust approached the third respondent with the request to include the petitioner's College for the counselling in the academic year 2018-2019, hence, the request of the petitioner could not be considered.
8. The learned Additional Advocate General further submitted that since the counselling process have already been commenced, the respondents have no objection for the petitioner's College to fill up all the seats for the academic year 2018 - 2019, including the seats alloted for Government quota and that for the next academic year the petitioner's College can be included in the list of College for the Tamil Nadu Engineering Admission in Anna University.
9. The third respondent in the instructions regarding the above writ petition signed on 09.08.2018 stated that if a direction is issued to allot counselling code, the same can be allotted to the petitioner's College.
10. The learned counsel for the petitioner submitted that since the respondents have permitted the petitioner to fill up all the seats, they may be directed to release the counselling code.
11. Taking note of the facts of the case and the submissions of the learned counsels on either side, this Court directs the third respondent to allot counselling code to the petitioner's College, viz., Good Shepherd College of Engineering and Technology, Maruthamparai, Kanniyakumari District and the fourth respondent shall include the same in the web portal.
12. With the above directions, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar pvs
To
1. The Principal Secretary, State of Tamil Nadu, Higher Education Department, Secretariat, Fort St. George, Chennai - 600 009.
2. The Registrar, Anna University,Sardar Patel Road, Guindy, Chennai - 600 025.
3. The Commissioner of Technical Education, Directorate of Technical Education, No.53, Sardar Patel Road, Guindy, Chennai - 600 025.
4. The Secretary, Tamil Nadu Engineering Admissions, Anna University, Sardar Patel Road, Guindy, Chennai - 600 025.
+1cc to M/s.Joel, Advocate sr.no.54991 +1cc to Government Pleader sr.no.55547 +1cc to Mr.M.Vijayakumar, Advocate sr.no.55738(20/08/2018) WP.No.20295 of 2018 W.P.M.P.Nos.23833 of 2018 nr 11/08/2018