Nehru College Of Educational And Charitable Trust v. Anna University
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.03.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P. No. 8056 of 2023 WMP.Nos.8322 & 8323 of 2023
1. Nehru College of Educational and Charitable Trust, Nehru College Campus, Kuniamuthur, Coimbatore 641 008, Rep. by its Authorized Signatory.
2. Nehru Institute of Technology Nehru Gardens, Thirumalayampalayam, Coimbatore-641 105, Rep. by the Director.
... Petitioners Vs.
1. Anna University Rep. by its Registrar, Sardar Patel Road, Chennai-600 025.
2. University Grants Commission, Rep. by its Secretary, Bahadur Shah Zafar Marg, New Delhi-110 002.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records of the 1st respondent vide letter No. 09 / AU / CAC / AUTONOMOUS / 2023 dated 11.02.2023 and quash the same and 1/6
consequently direct the 2nd respondent herein to take on record and consider the Application of the 2nd petitioner dated 03.01.2023 for conferment of Autonomous Status for the 2nd petitioner Institution and pass appropriate orders.
For Petitioner :
Mr.Niranjan Rajagopalan For Respondents :
Mr.Avinash Wadhwani, For R1 Mr.S.Thiruvengadam, UGC for R2
O R D E R
Mr.Avinash Wadhwani and Mr.S.Thiruvenkatam, learned Standing Counsel, takes notice for the respondents 1 & 2 repectively. By consent of both the parties, the writ petition is taken up for final disposal at the time of admission stage itself.
2. The Writ Petition has been filed seeking to quash the impugned order dated 11.02.2023 by the first respondent and consequently direct the 2nd respondent herein to take on record and consider the Application of the 2nd petitioner dated 03.01.2023 for conferment of Autonomous Status for the 2nd petitioner Institution and pass appropriate orders. 2/6
3. It is the grievance of the petitioner that the first petitioner is the Educational and Charitable Trust and was established in the year 1994. The second petitioner University was established by the first petitioner Trust in the year 2008 and is affiliated with Anna University. That being the situation, on 03.01.2023, the second petitioner University applied to the first respondent for grant of autonomous status as per the proforma. The first respondent University, however, without forwarding the same to the second respondent, refused to forward the application and rejected the same vide impugned order dated 11.02.2023. Challenging the said order, the present writ petition has been filed.
4. The learned counsel for the petitioner submitted that this Court may issue a direction to the first respondent to forward the petitioner application to the second respondent and to direct the second respondent, without considering the impugned order, to consider the same and pass appropriate orders within the stipulated time as fixed by this Court.
5. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing on behalf of the respondents and perused the 3/6
materials available on record.
6.Considering the facts and circumstances of the case and the limited request made by the learned counsel for the petitioners, this Court, without interfering with the impugned order passed by this first respondent and without going into the merits of the case, passes the following orders:
''(i) The first respondent shall forward the application made by the petitioner to the second respondent within a period of two weeks from the date of receipt of a copy of this order; and (ii) upon receipt of such application, the second respondent shall consider the same and pass appropriate orders on merits and in accordance with law within a period of six weeks, thereafter.''
7.With the above directions, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are also closed.
16.03.2023 rli 4/6
Index : Yes/No Internet : Yes/No To
1. Anna University Rep. by its Registrar, Sardar Patel Road, Chennai-600 025.
2. University Grants Commission, Rep. by its Secretary, Bahadur Shah Zafar Marg, New Delhi-110 002.
5/6
M.DHANDAPANI,J rli W.P. No. 8056 of 2023 16.03.2023 6/6