← Library
Madras High CourtWP/11737/2021disposed of

M.Harini Devi v. The Secretary

2021-08-05Honourable Mr Justice N. Anand Venkatesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.08.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P Nos.11737, 11740 & 11741 of 2021 and W.M.P Nos.12499, 12501 & 12497 of 2021 M.Harini Devi ... Petitioner in W.P.No.11737 of 2021 K.Yuvashree ... Petitioner in W.P.No.11740 of 2021 R.Kuzhali ... Petitioner in W.P.No.11741 of 2021 Vs.

1. The Secretary, Department of Biotechnology, Ministry of Science and Technology, Government of India, No.Block 2 CGO Complex, Lodhi Road, New Delhi - 110003.

2. Ministry of Education, Department of Higher Education, Government of India, 122, 'C' Wing, Shastri Bhawan, New Delhi - 110001.

3. The Chairman, All India Council for Technical Education, Nelson Mandela Marg, VasantKunj, New Delhi - 110 002.

4. The State of Tamil Nadu, Represented by its Principal Secretary to Government, Higher Education Department, Secretariat, Chennai - 600 009.

5. The Registrar, Anna University, Guindy, Chennai - 600 025.

6. The Director & Head, Center for Biotechnology, Anna University, Chennai - 600 025.

7. The University Grants Commission, Represented by its Secretary, Bahadur Shah JafarMarg, Metro Gate No.3, New Delhi - 110002.

... Respondents in all Writ Petitions Common Prayer: Writ Petitions filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st respondent to release the 2nd list of students for admission of 19 seats in M.Tech (Bio Technology) and 14 seats in M.Tech (Computational Biology) Degree Programmes conducted by the 5th Respondent for GAT B-2020 qualified candidate for academic year 2020-2021 and direct the 5th Respondent to admit students accordingly.

For Petitioner : Mr.A.Saravanan in all W.Ps For Respondents : Mr.K.Ramamurthy Central Government Standing Counsel for R1 & R2 Mr.Rabu Mahohar for R3 Mr.U.Baranidharan Government Advocate for R4 Mr.M.Vijaya Kumar for R5 & R6 Ms.V.Sudha for R7

ORDER

All these writ petitions have been filed for a direction to the 1st respondent to release the 2nd list of students selected for admission for the M.Tech., (Bio Technology) and M.Tech.,

(Computational Biology) degree Programmes conducted by the 5th respondent for the academic year 2020-2021.

2.The grievance of the petitioners is that the petitioners had a fair chance of getting selected for the M.Tech., (Bio Technology) and M.Tech., (Computational Biology) courses and due to the inaction on the part of the respondents, the 2nd list of students for admission was not released and as a result of the same, the petitioners were not able to undergo the course during the academic year 2020-2021.

3.Heard the learned counsel for the petitioner and the learned counsel appearing on behalf of the respondents. 4.Counter affidavits have been filed by the 1st respondent as well as the 5th and 6th respondents. 5.It is seen from the counter affidavit filed by the 5th and 6th respondents that the selection list of the candidates for admission to the courses is made by the 1st respondent and based on the same, the University will have to allot the Colleges to the candidates. In the present case, the process was initiated by the Anna University from 22.03.2021. However in the meantime, there was a confusion with regard to the quota for the economically weaker section. Hence, the Anna University requested the 1st respondent to send the seat matrix, without the EWS quota for the academic year 2020-2021 for both the courses.

The Anna University also wrote a letter to the 3rd respondent seeking for extension of time for admission to these two Programmes. However the 3rd respondent through proceedings dated 01.04.2021 did not grant the approval for extension of the time for admission. Therefore, the Anna University had to stop the admission for both the Programmes on 04.04.2021 and the final list of candidates who were admitted to these two courses were sent to the 1st and 2nd respondents.

6.It is brought to the notice of this Court that the two Programmes had commenced during March, 2021 and the first assessment tests were also completed and the 2nd assessment tests were already commenced and the same also got over in June, 2021. It was further stated that the semester examinations itself will be over by now. Therefore, it was submitted that it will not be feasible to admit the petitioners at this point of time. 7.This Court directed the learned counsel for Anna University to ascertain if the names of the petitioners were found in the selection list so that some preference can be given to the petitioners during the academic year 2021-2022. The learned counsel for the Anna University on instructions submitted that the name of all the three petitioners were not

found in the selection list and the names of two of the petitioners were found only in the waiting list. 8.In view of the above development, the relief as sought for by the petitioners cannot be granted by this Court and it will be left open to the petitioners to participate in the selection process during the academic year 2021-2022. 9.All these writ petitions are disposed of accordingly. No Costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS-V) // True Copy// Sub Assistant Registrar ssr To

1. The Secretary, Department of Biotechnology, Ministry of Science and Technology, Government of India, No.Block 2 CGO Complex, Lodhi Road, New Delhi - 110003.

2. Ministry of Education, Department of Higher Education, Government of India, 122, 'C' Wing, Shastri Bhawan, New Delhi - 110001.

3. The Chairman, All India Council for Technical Education, Nelson Mandela Marg, VasantKunj, New Delhi - 110 002.

4. The Principal Secretary to Government, The State of Tamil Nadu, Higher Education Department, Secretariat, Chennai - 600 009.

5. The Registrar, Anna University, Guindy, Chennai - 600 025.

6. The Director & Head, Center for Biotechnology, Anna University, Chennai - 600 025.

7. The Secretary, The University Grants Commission, Bahadur Shah JafarMarg, Metro Gate No.3, New Delhi - 110002.

+3ccs to M/s.M.Vijayakumar, Advocate, S.R.No.38537,38538,38539 +1cc to M/s.Sudha, Advocate, S.R.No.38428 +1cc to M/s.B.Babu Manohar, Advocate, S.R.No.38427 W.P Nos.11737, 11740 & 11741 of 2021 and W.M.P Nos.12449, 12501 & 12497 of 2021 PMK(CO) SU(25/08/2021)