Avc Education Committee v. All India Council For
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.12.2018
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.5129 of 2018 AVC Education Committee represented by its Secretary Mannampandal Mayiladuthurai Town Nagapattinam District 609 305 Tamil Nadu ..Petitioner -vs1. All India Council for Technical Education rep.by its Adviser-I (Approval Bureau) Nelson Mandela Marg Vasant Kunj, New Delhi 110 067
2. The Regional Officer Southern Regional Office No.26, Haddows Road, Shastri Bhavan Chennai 600 006
3. The Commissioner of Technical Education (FAC) Directorate of Technical Education Guindy, Chennai 600 032 ..Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorarified Mandamus, calling for the records of the third respondent in Letter No.40288/H4/2015 dated 5.10.2017 and quash the same as illegal and consequently direct the respondents to issue diploma certificates for the petitioner institution students admitted in the academic year 2014-15 within the time limit framed by this Hon'ble Court.
For Petitioner ::
Mr.K.M.Vijayan Senior Counsel for M/s K.M.Vijayan Associates For Respondents ::
Mrs.AL.Ganthimathi Standing Counsel for R1 Mrs.P.Rajalakshmi Additional Government Pleader for R3
No appearance for R2
ORDER
This writ petition has been filed questioning the correctness of the letter dated 5.10.2017 issued by the Commissioner of Technical Education (FAC), the third respondent herein requesting the petitioner to produce the AICTE extension of approval for the year 2014-15.
2. Learned senior counsel for the petitioner submitted that when the Government of Tamil Nadu had permitted the petitioner Trust to start a polytechnic college from the academic year 1983-84 and granted permission for conducting the three year diploma course with a total intake of 180 students initially, the All India Council for Technical Education also has granted approval to the petitioner polytechnic by a letter dated 13.5.94 to conduct the diploma course subject to fulfillment of certain conditions from time to time. Since the extension approvals also have been granted for every year from 1994 to 2013-14 and 201718, citing a reason that the petitioner institution failed to fulfil certain deficiencies, placed the petitioner institution under no admission category by order dated 17.4.
2014 for the academic year 2014-15 and referred the matter to the scrutiny committee for verification as to the compliance of deficiencies. One of the main reason cited to place the petitioner institution under no admission category is with regard to the dispute in respect of the grant of approval under Section 34 of the H.R. & C.E. Act for the purchase of land from the Dharmapuram Adheenam Mutt, Mayiladuthurai.
Therefore, the petitioner filed W.P.No.13575 of 2014 seeking a mandamus not to place the petitioner institution under no admission category on the dispute with regard to the land and building. This Court, by order dated 5.3.2015, directed the respondents therein not to place the petitioner institution under no admission category on the ground of dispute with regard to the land and building, since the said isue is sub judice in the pending W.P.No.30899 of 2012. On the basis of the order passed by this Court, the petitioner institution also admitted the students and they have also undergone the course and appeared for the examinations and successfully completed the diploma course for the years 2014-15 and 2015-16.
Thereafter, on publishing of the results, they have also been issued with the provisional certificates, however, since the diploma certificates have not been issued, the innoncent students, who are not aware of the pending lis between the petitioner and Dharmapuram Adheenam Mutt, cannot be penalised. As the students are hailing from backward areas, more particularly, from rural background, a direction may be issued to the third respondent to issue the diploma certificates to the students who have completed the course for the academic years 2014-15 and 2015-16, he pleaded.
3. Mrs.AL.Ganthimathi, learned standing counsel for the first respondent submitted that since the land in question has been converted as educational institution without obtaining prior permission as contemplated under Section 34 of the H.R. & C.E. Act, as the land belongs to Dharmapuram Adheenam Mutt, without complying with the deficiencies indicated in respect of the land in question, the first respondent has not granted approval. Therefore, before getting approval, the petitioner ought not to have admitted the students either for the academic year 2014-15 or for the year 2015-16. In any event, she has stated that by virtue of the order passed by this Court, the students were permitted to write the examinations and subsequently, the results also have been declared and finally the provisional certificates also have been issued.
4. In that view of the matter, since the provisional certificates have been issued to the students who have completed the course for the years 2014-15 and 2015-16, this Court, taking note of the factor that most of the students are from backward areas, namely, from rural background, hereby directs the respondents to issue the diploma certificates to all the students of 2014-15 and 2015-16 batch on receipt of a copy of this order. With this direction, the writ petition stands disposed of. Consequently, W.M.P.No.6300 of 2018 is closed. No costs.
-s/d- Deputy Registrar True Copy Sub-Assistant Registrar ss To
1. The Adviser-I (Approval Bureau) All India Council for Technical Education Nelson Mandela Marg Vasant Kunj New Delhi 110 067
2. The Regional Officer Southern Regional Office No.26, Haddows Road, Shastri Bhavan Chennai 600 006
3. The Commissioner of Technical Education (FAC) Directorate of Technical Education Guindy, Chennai 600 032
+1 CC to M/s. K.M.Vijayan Associates sr 88852. +1 CC to Mrs.AL.Ganthimathi, Advocate sr 89200. +1 CC to Govt. Pleader sr 89451 W.P.No.5129 of 2018 SP(04/01/2019)