Sathyabama University, v. The University Grants

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.8.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P.No.24819 of 2015 and M.P.Nos.2 & 3 of 2015 Sathyabama University Represented by its Registrar, Jeppiaar Nagar, Rajeev Gandhi Road, Chennai-119.

... PETITIONER Vs.

1 The University Grants Commission Represented by its Chairman Bahadur Shah Zaffer Marg New Delhi-110002.

2 National Assessment And Accreditation Council Represented by its Advisor P.O. Box No.1075 Nagarbhavi Bangalore-560072.

... RESPONDENTS Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari, calling for the records of the Second Respondent relating to the letter dated 28.07.2015 NAAC/MSS-SR-PTV/2015 and quash the same and consequently direct the Second Respondent to cause inspection between August 26th to 28th of 2015 in accordance with their letter communicated to the petitioner University vide letter dated 17.7.2015 NAAC/MSS-SRPTV/Uni-Cycle-2/2015-16 and process the renewal of the Accreditation of the Petitioner University without insisting the Amendment stated in their letter Impugned herein dated 17.7.2015. For Petitioner : Mr.N.R.Chandran, Senior counsel for Mr.R.Natarajan For Respondent-1 : Mr.P.R.Gopinathan

O R D E R

With the consent of both side, the writ petition itself has been taken up for disposal.

2 Despite notice having been served and name printed in the cause list, none appear for the respondent No.2 who passed the order impugned.

3 It is not in dispute that the petitioner approached this Court and it appears that he is armed with interim order enabling it to use the name University by letter, dated 17.7.2015, the respondent No.2 has informed the petitioner about the due visit proposed to be fixed during 26, 28th August, 2015. Travel plan and necessary arrangements were also indicated. Thereafter, by the impugned letter, dated 28.7.2015 petitioner was informed that they come to know that it is using the name as Sathyabama University and therefore, same has to be modified as Sathyabama Institute of Science of Technology. 4 Now, the petitioner has come forward to challenge on the ground that compliance is not made by the respondent No.2 to undertake an inspection as indicated in the letter, dated 17.7.2015.

5 Admittedly, as on today, there is interim order obtained and is in force in favour of the petitioner with respect to University name. Thus, the respondent No.2 cannot insist for deletion. In any case, same cannot be a ground for not going on inspection proposed. Thus, order impugned, dated 28.7.2015 is set aside. However, it is made clear that in the event of pending case against the petitioner, then compliance sought for by the respondent No.2 will have to be strictly followed by the petitioner.

6 The undertaking given by the learned Senior counsel for the petitioner in this regard is also recorded. It is also made clear that pending case would also mean further orders to be passed by this Court.

7 Accordingly, this Court modifies the interim order which is in favour of the petitioner permitting them to use the name of the University. Even then, petitioner will have to comply with the undertaking given.

Accordingly, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vaan

To 1 The Chairman University Grants Commission Bahadur Shah Zaffer Marg New Delhi-110002.

2 The Advisor National Assessment And Accreditation Council P.O. Box No.1075 Nagarbhavi Bangalore-560072.

+ 1 cc to Mr.R. Natarajan, Advocate SR.43872 + 1 cc to Mr.P.R. Gopinathan, Advocate SR.43884 W.P.No.24819 of 2015 and M.P.Nos.2 & 3 of 2015 RJ(CO) Eu 24.08.15