Anna University v. Sengunthar Charitable Trust
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.07.2020 CORAM :
The Hon'ble Mr.AMRESHWAR PRATAP SAHI, THE CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE SENTHILKUMAR RAMAMOORTHY W.A.Nos.565 and 566 of 2020 and CMP Nos.8085 and8086 of 2020 THE ANNA UNIVERSITY REP. BY ITS REGISTRAR ANNA UNIVERSITY CAMPUS GUINDY CHENNAI-600025 Appellant in both the appeals Vs SENGUNTHAR CHARITABLE TRUST REP. BY ITS SECRETARY AND CORRESPONDENT 1/311-1 SENGUNTHAR NAGAR KOVSAVAMPALAYAM TIRUCHENGODE-637205 NAMAKKAL DISTRICT 1st respondent in W.A.No.565 of 2020 COIMBATORE INSTITUTE OF ENGINEERING AND TECHNOLOGY REP.BY ITS PRINCIPAL NARASIPURAM (PO) THONDAMUTHUR (VIA) ELLIMALAIPATTINAM COIMBATORE-641109 1st respondent in W.A.No.566 of 2020 2 THE UNIVERSITY GRANT COMMISSION BY ITS CHAIRMAN,BAHADUR SHAH ZAFAR MARG NEW DELHI-110002 2nd respondent in both the appeals Appeals filed under under Clause 15 of the Letters Patent against the order dated 16.03.2020 in WP Nos.1603/2020 and 1834 of 2020 on the file of this Court.
PRAYER in WP No.1603 of 2020: Writ petition has been filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari to call for the records of the first respondent comprised in the resolution passed at the 256th Syndicate meeting of the first respondent University held on 20.11.2019 as communicated in Letter No.167/AU/CAC/Autonomous/2020 dated 13.01.2020 issued by the first respondent and quash the same as being arbitrary, illegal, wholly without jurisdiction and
violative of the University Grants Commission (Conferment of Autonomous Status upon Colleges and Measures for Maintenance of Standards in Autonomous Colleges) Regulations, 2018, which is binding on the first respondent.
PRAYER in WP No.1834 of 2020 : Writ petition has been filed under Article 226 of the Constitution of India, to issue a Writ of certiorarified Mandamus to call for the records of the 1st respondent in Letter No.166/AU/CAC/Autonomous/2020 dated 13.01.2020 and the order in Letter No.047/CAI/AU/2020 dated 20.01.2020 and quash the same and consequently direct the 1st Respondent University to continue the Coimbatore Institute of Engineering and Technology, Narasipuram (P.O), Thondamuthur (via), Vellimalaipattinam, Coimbatore - 641 109 as Autonomous Institution in the light of the order of this Court in WP No.29486 of 2019 dated 26.11.2019.
For Petitioner : Mr.M. Vijayakumar For R.1 : Mr.Kandhan Duraisami COMMON JUDGMENT (Judgment of the Court was delivered by The Hon'ble Chief Justice) At the outset learned counsel for the appellant states that he may be permitted to withdraw the writ appeals. 2.
Learned counsel for the first respondent has pointed out that the impugned judgment of the learned Single Judge rests on the view taken by the Division Bench of this Court in the judgment dated 14.02.2020 in W.A.No.51 of 2020 (Anna University vs Mahendra Institute of Technology and another) reported in 2020 1 WLR 478. The Anna University had filed Special Leave Petitions in SLP Nos.8324 and 8325 of 2020 against the said judgment of the Division Bench of this Court dated 14.02.2020, which has been dismissed by the Apex Court on 24.07.2020 by the following Order:- "Supreme Court of India Record Proceedings Petition(s) for Special Leave to Appeal © No(s) 8324-8325/2020 (Arising out of impugned final judgment and order dated 14.02.2020 in W.A.No.51/2020 17.06.2020 in R.A.No.46/2020 passed by the High Court of
Judicature at Madras) The Anna University .. Petitioner (s) vs Mahendra Institute of Technology & Anr .. Respondent(s) (IA No.62111/2020-Exemption from filing c/c of the impugned judgment) Date:24.07.2020 These petitions were called on for hearing today.
CORAM:
Hon'ble Mr.Justice ARUN MISHRA Hon'ble Mr.Justice B.R. GAVAI Hon'ble Mr.Justice KRISHNA MURARI For Petitioner(s) Mr. Vijay Narayan, Sr. Adv.
Ms. Narmadha Sampath, Adv.
Mr. Balaji Srinivasan, Advocate Ms.Garima Jain, Advocate Mr. Aishwarya Chouldhary, Advocate Ms. Pallavi Sengupta, Advocate Ms. Lakshmi Rao, Advocate Mr. Mohit Singh, AOR For Respondent (s) UPON hearing the counsel the Court made the following
ORDER
In the peculiar facts and circumstances of the case, we find no ground to interfere with the impugned order(s) passed by the High Court. The Special Leave Petitions are, accordingly, dismissed. Pending application(s), if any, shall stand disposed.
(NARENDRA PRASAD) (JAGDISH CHANDER) Astt. Registrar-cum-PS ASSISTANT EGISTRAR 3.
In view of the above and the prayer made by the learned counsel for the appellant, the appeals stand dismissed as withdrawn. No costs. Consequently, connected miscellaneous petitions are closed.
s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar
To THE CHAIRMAN UNIVERSITY GRANT COMMISSION BAHADUR SHAH ZAFAR MARG NEW DELHI-110002 +2 Ccs to Mr.M.Vijaya Kumar, Advocate sr 25602, 25603. W.A.Nos.565 and 566 of 2020 BR(CO) SP(12/08/2020)