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Madras High CourtWP/5561/2020dismissed as infructuous

Freedom Fighter N.Kandasamy Educational Trust, v. The Director (Approval Burean)

2023-06-08Honourable Mr Justice M.Dhandapani7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.06.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Freedom Fighter N.Kandasamy Educationa Trust, Represented by its President and Managing Trustee, K.Chidambaram, 4/67-A, Attayampatty Pirivu Road, Athanoor (PO), Rasipuram (TK), Namakkal District - 636 301.

... Petitioner Vs.

1. The Director (Approval Bureau), All India Council for Technical Education, Nelson Mandela Marg, Vasant Kunj, New Delhi - 110 070.

2. The Chairman, Standing Appeal Committee, All India Council for Technical Education, Nelson Mandela Marg, Vasant Kunj, New Delhi - 110 070.

3. The Regional Officer, Southern Regional Office, AICTE, Shastri Bhavan, 1st Floor, Nungambakkam, Chennai - 600 006.

4. The Principal Secretary, Housing and Urban Development (UDA(3)) Department, Fort St.George, Chennai - 600 009.

5. The Director of Town and Country Planning, 807, Anna Salai, Chennai - 600 002.

6. The Deputy Director of Town and Country Planning (Incharge), Salem Division, No.6, Sanathi Street, Subramania Nagar, Suramangalam, Salem - 636 065.

7. Moolakadu Village Panchayat, Represented by its Special Officer, Moolakadu, Masakalipatty Post, Rasipuram Taluk, Namakkal District.

8. The Registrar, The Tamil Nadu Dr.M.G.R.Medical University, 69, Anna Salai Road, Little Mount, Guindy, Chennai - 600 032.

9. The Director of Technical Education, 53, Sardar Patel Road, Guindy, Chennai - 600 025.

... Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus, calling for the records in F.No.AICTE/AB/SR/1-4949200541 dated 17.02.2020 passed by the first respondent and quash the same and direct respondents 1 and 3 to grant extension of approval to the petitioner College for the academic year 2020-2021 for B.Pharm Degree Course without insisting on DTCP approval, by accepting the approval granted by the Panchayat to the petitioner in accordance with law.

For Petitioner :

Mr.D.Prabhu Mukunth Arun Kumar For Respondents :

Mr.B.Babu Manohar for R1 to R3 Central Govt. Standing Counsel Mr.P.Sathish Addl. Govt Pleader for R4-R7&R9 Mr.Imayavaramban for M/s.Ramalingam&Assos. for R8

O R D E R

The learned counsel appearing for the petitioner has made the following endorsement in the Writ Petition to the effect that: "The Hon'ble Supreme Court in Pharmacy Council of India Vs. Dr.S.K.Toshniwal Educational Trust and others reported in (2021) 10 SCC 657 has

held that Pharmacy Council of India is the authority for Pharmacy Education and hence approval from Pharmacy Council of India is only required and AICTE is not required. Hence nothing survives in the Writ Petition."

2. Recording the aforesaid fact and the endorsement so made, the present Writ Petition is dismissed as infructuous. No costs. 08.06.2023 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji

To

1. The Director (Approval Bureau), All India Council for Technical Education, Nelson Mandela Marg, Vasant Kunj, New Delhi - 110 070.

2. The Chairman, Standing Appeal Committee, All India Council for Technical Education, Nelson Mandela Marg, Vasant Kunj, New Delhi - 110 070.

3. The Regional Officer, Southern Regional Office, AICTE, Shastri Bhavan, 1st Floor, Nungambakkam, Chennai - 600 006.

4. The Principal Secretary, Housing and Urban Development (UDA(3)) Department, Fort St.George, Chennai - 600 009.

5. The Director of Town and Country Planning, 807, Anna Salai, Chennai - 600 002.

6. The Deputy Director of Town and Country Planning (Incharge), Salem Division, No.6, Sanathi Street, Subramania Nagar, Suramangalam, Salem - 636 065.

7. The Special Officer, Moolakadu Village Panchayat, Moolakadu, Masakalipatty Post, Rasipuram Taluk, Namakkal District.

8. The Registrar, The Tamil Nadu Dr.M.G.R.Medical University, 69, Anna Salai Road, Little Mount, Guindy, Chennai - 600 032.

9. The Director of Technical Education, 53, Sardar Patel Road, Guindy, Chennai - 600 025.

M.DHANDAPANI,J.

vji 08.06.2023