Sasurie College Of Engineering v. Anna University

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.06.2021

CORAM:

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR W.P.No.12007 of 2021 and WMP.Nos.12764, 12765 and 12767 of 2021 Sasurie College of Engineering, represented by its Principal, Vijayamangalam, Tirupur District - 638056 ..Petitioner vs.

Anna University, Represented by its Registrar, Chennai-600 025.

..Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus calling for the records of the respondent relating to its orders in Lr.No.125/CAI/A/2021/7324 dated 26.03.2021 and Lr.No.22500/COE/C70/MP/2015 dated 16.04.2021 and quash the same and direct the respondent to accept payment of penalty from the petitioner imposed in Lr.No.22500/COE/C70/2015-11 dated 28.02.2020. For Petitioner : Mr.Kandhan Doraisami For Respondent : Mr.M.Vijayakumar, Standing Counsel

O R D E R

The Writ Petition has been filed challenging the impugned order dated 26.03.2021 and the consequential order dated 16.04.2021, rejecting the request of the petitioner College for extension of time for payment of fine of Rs.9,60,000/-.

2. According to the petitioner, this Court, vide interim order dated 19.05.2021, based on the undertaking of the petitioner College that they are ready to remit the fine amount immediately, has accepted the petitioner's request and recorded that, as and when the petitioner remits the fine, they may approach this Court for interim protection.

3. Mr.Kandhan Doraisami, learned counsel appearing for the petitioner College would submit that non-payment of fine amount by the petitioner College has resulted in passing of the impugned order 26.03.021, suspending the affiliation for all Post Graduate Courses conducted in the college with effect from the academic year 2021-22 as per Regulation R 25 vide 7.9 https://hcservices.ecourts.gov.in/hcservices/

of the Statutes, based on the recommendations of the Syndicate of the University. According to the learned counsel for the petitioner, by virtue of the interim order passed by this Court dated 19.05.2021, the petitioner College has paid Rs.9,60,000/- to the respondent University vide Demand Draft bearing No.866853 dated 24.05.2021 and also produced the copy of the payment receipt before this Court. In view of the above, the learned counsel for the petitioner seeks for a direction to reconsider the order passed by the University dated 16.04.2021.

4. Mr.M.Vijayakumar, learned Standing Counsel for the respondent University, on instructions, fairly submitted that the petitioner College has remitted the fine amount to the University and in view of the above, the University will reconsider the earlier order passed by the respondent University and take appropriate decision.

5. Recording the submission of the learned Standing Counsel for the respondent University, the petitioner shall make an application before the respondent University within a period of two days from today and on receipt of the said application, the respondent University shall consider the same and pass appropriate orders in accordance with law as expeditiously as possible within a period of ten days from the date of receipt of a copy of this order.

6. This Writ Petition stands disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar jvm To The Registrar, Anna University, Chennai-600 025 +1 CC to Mr.M. Vijaya Kumar, Advocate sr 27857(18/06/2021) +1ccto Mr.Muthumani Doraisamy,Advocate SR.No.27848(22.06.2021) W.P.No.12007 of 2021 ssn(CO) A.SK(16.06.2021) https://hcservices.ecourts.gov.in/hcservices/