Excel Business School v. The All India Council For

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.04.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.11998 of 2015 Excel Business School Rep. by its Chairman ... Petitioner Vs.

1. The All India Council for Technical Education, Rep. by its Member Secretary, 7th Floor, Chanderlok Building, Janpath, New Delhi 110 001.

2. The Regional Officer, Southern Regional Office, All India Council for Technical Education, Sastri Bhavan, 26, Haddows Road, Nungambakkam Chennai 600 006.

3. Anna University, Rep. by its Registrar, Guindy, Chennai.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to forthwith consider and pass order on the representation of the petitioner dated 03.04.2015 submitted for changing the nomenclature of the MAM Five Year Programme (Master of Allied Management) into MBA Five Year Programme (Master of Business Administration) to enable the Anna University to grant its affiliation to the Petitioner Institution for conducting MBA Five Year Programme.

For Petitioner : Mr.Kandhan Doraisami for M/s.Muthumani Doraisami For Respondents : Mrs.A.L.Ganthimathi for R1 and R2 Mr.M.Vijayakumar for R3

O R D E R

By consent the writ petition is taken up for final disposal.

2.The petitioner would state that Sri Rengaswamy Educational Trust is running several Educational Institutions including the petitioner Institution in the rural areas of Namakkal District and during the academic year 2007-08, MCA Programme (three years programme) was started and during the academic year 2008-09, MBA Programme (two years programme) was stated and it had also applied to All India Council for Technical Education for establishing Post Graduate Management Course, namely, Master of Applied Management - five years programme).

3.The various facilities available in the petitioner Institution was also inspected and approval was granted for starting Master of Applied Management - five years programme during the academic year 2012-13 and immediately, the petitioner applied to the Anna University for conducting the said course. However, the third respondent Anna University did not grant affiliation and when he made enquiries, the officials expressed their inability on the ground that Anna University could grant affiliation only for the courses whose nomenclature is approved by the University Grants Commission. Petitioner has also submitted reminders dated 27.01.2015 as well as on 03.04.2015 and since, he has not been favoured with any response, came forward to file this writ petition.

4.Mr.Kandhan Doraisami, learned counsel appearing for the petitioner drawn the attention of this Court to the typed set of documents and would submit that the All India Council for Technical Education vide communication dated 07.04.2015 has granted approval to the petitioner Institution to conduct the course of Master of Applied Management, full time with an approved intake of 60 students during the academic year 2015-16 and therefore, the application is dashed upon the first respondent/ All India Council for Technical Education to change the nomenclature.

5.This Court heard the submissions of Mr.Kandhan Doraisami, learned counsel appearing for the petitioner and Mrs.A.L.Ganthimathi, learned Standing Counsel for the respondents 1 and 2 and Mr.M.Vijayakumar, learned counsel appearing for the third respondent. 6.This Court taking into consideration the limited scope of the prayer sought for and without entering upon its merits, directs the first respondent to consider and dispose of the petitioner's representation dated 09.10.2014 and reminders dated 27.01.2015 and 03.04.2015, in accordance with law as expeditiously as possible and not later than four weeks from the date of receipt of a copy of this order and communicate the decision to the petitioner.

7.The writ petition is disposed of accordingly. No costs. -s/d- Assistant Registrar(CS-II) True Copy Sub-Assistant Registrar To

1. The Member Secretary, The All India Council for Technical Education, 7th Floor, Chanderlok Building, Janpath, New Delhi 110 001.

2. The Regional Officer, Southern Regional Office, All India Council for Technical Education, Sastri Bhavan, 26, Haddows Road, Nungambakkam Chennai 600 006.

3. The Registrar, Anna University, Guindy, Chennai.

+ 1 cc to M/s.AL.Ganthimathi, Advocate SR 22428 + 1 cc to Mr.M.Vijayakumar, Advocate SR 22172 + 1 cc to M/s.Muthumani Doraisamy, Advocate SR 22234 jm(co) prk4/5 W.P.No.11998 of 2015