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Madras High CourtWP/9489/2021disposed of

Uit Educational Trust v. The Principal Secretary

2021-06-17Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.6.2021

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.9489 of 2021 1 UIT Educational Trust Rep. by its Managing Trustee Mr. S.Shanmugam 167 2nd Floor, Kannan Towers Hope College Avinasi Road, Peelamedu, Coimbatore 641 004.

...

Petitioner Vs.

1 The Principal Secretary Health and Family Welfare Para Medical Education Department (PME) Secretariat Chennai 600 009.

2 The Director The Directorate of Medical Education Kilpauk Chennai 600 010.

...

Respondents Prayer :

Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the 1st respondent to pass appropriate orders in accordance with law on the application of the petitioner Trust dated 10/07/2020 based upon the Inspection report to start Bachelor of Physiotherapy course with an intake of 50 seats at United college of Physiotherapy Coimbatore form the academic year 2021 -2022.

For Petitioner : Mr.D.Prabhu Mukunth Arunkumar For Respondents : Mr.A.Selvendran, Govt. Advocate

O R D E R

According to the petitioner, the petitioner submitted an application along with relevant documents and scrutiny fee to

start Bachelor of Physiotherapy Course with an annual intake of 50 seats in the name of United College of Physiotherapy for the academic year 2020-21 to the first respondent on 10.7.2020. The second respondent on receipt of the said application, appointed an Inspection Committee to inspect the petitioner Trust College on 18.8.2020. Thereafter, the second respondent passed an order for an inspection of the petitioner Trust College by replacing one of the Inspector in the Inspection Committee by an order in Ref.No.041138/PME/1/2020, dated 27.8.2020. Based on the aforesaid order, the Inspection Committee has inspected the petitioner's College in the month of August and submitted a report to the first respondent. However, no order has been passed by the first respondent. Hence, the present writ petition.

2. The learned Government Advocate appearing for the respondents on instructions would submit that report of the Inspection Committee received by the first respondent wherein some deficiencies pointed out to satisfy the the norms as prescribed by the Government. However, no order has been passed by the first respondent. Therefore, the application of the petitioner to start Physiotherapy Course is still pending with the first respondent despite report submitted by the Inspection Committee.

3. In view of the above, the first respondent is directed to pass final orders on the petitioner's application, dated 10.7.2020 based on the report submitted by the Inspection Committee, as expeditiously as possible preferably within a period of four weeks from the date of receipt of copy of the order.

4. The writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar //True copy// Sub Assistant Registrar vaan To 1 The Principal Secretary Health and Family Welfare Para Medical Education Department (PME), Secretariat, Chennai 600 009.

2 The Director, The Directorate of Medical Education, Kilpauk Chennai 600 010.

+1cc to Mr.D.Prabhu Mukunth Arunkumar, Advocate SR.No.28636 +1cc to Government Pleader SR.No.28433 W.P.No.9489 of 2021 JP(CO) GMY(09/07/2021)