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Madras High CourtWP/15109/2019disposed of

Muna Kaana Educational Trust, v. The Member Secretary,

2019-06-11Honourable Dr Justice G. Jayachandran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.06.2019

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN W.P.No.15109 of 2019 and W.M.P.Nos.15097 & 15099 of 2019 Muna Kaana Educational Trust, Rep.by its Managing Trustee, Mr.Saravanan Periyasamy ... Petitioner

Versus

1.The Member Secretary, All India Council for Technical Education, Nelson Mandela Marg, Vasant Kunj, New Delhi-110070.

2.The Regional Officer, Southern Regional Office, AICTE, Shastri Bhavan, 1st Floor, Nungambakkam, Chennai 600 006.

3.The Pharmacy Council of India, Represented by its Secretary cum Registrar, Combined Council Building, Temple Lane, Kolta Road, Aiwan-E-Ghalie Marg, Post Box No.7020, New Delhi-110 002.

4.The Director of Medical Education, Directorate of Medical Education Campus, Kilpauk, Chennai-600 010.

5.The Registrar, Tamil Nadu Dr.M.G.R.Medical University, No.69, Anna Salai, Guindy, Chennai-600 032. ... Respondents PRAYER:

Writ Petition filed under Article 226 of the Constitution of India, praying for the issue of Writ of Certiorarified Mandamus calling for the records relating to the impugned final letter of rejection of the 1st respondent AICTE in F.No.Southern/2019/I-4871655161_LoR dated 30.04.2019 and quash the same and consequently direct the 1st respondent to grant

approval for starting four year B.Pharmacy Degree course by the petitioner College with an intake of 60 seats from the academic year of 2019-2020.

For Petitioner : Mr.Prabhu Mukunth Arun Kumar.D For R1 and R2 : Mr.B.Rabu Manohar For R4 : Mr. V.Kathirvelu

O R D E R

This writ petition is filed for issuance of a Writ of Certiorarified Mandamus, to quash the proceedings of the first respondent dated 30.04.2019 and consequently direct the 1st respondent to grant approval for starting four year B.Pharmacy Degree course by the petitioner College with an intake of 60 seats from the academic year of 2019-2020.

2.The writ petitioner is an institute to conduct the course in Pharmacy. The Pharmacy council of India has granted approval to conduct D Pharm and B Pharm. Pursuant to the approval was given by the Pharmacy Council of India, the AICTE which is the first respondent herein has rejected the request of the petitioner to set up their institute in the premises where already the Engineering College is functioning. Similarly placed institutes had approached the Hon'ble Supreme Court aggrieved by the order of the AICTE, which has refused permission for establishing Pharmacy course. The Hon'ble Supreme Court has extended the time for granting approval upto 10.06.2019. Pursuant to the order, AICTE has informed to the petitioner herein vide circular dated 07.06.2019 to submit their affidavit.

3.It is stated by the learned counsel appearing for the petitioner that as per the circular of AICTE on 07.06.2019, the petitioner institute has uploaded the affidavit as directed by AICTE.

4.The learned counsel appearing for the AICTE would submit that the issue regarding approval granted to the AICTE in the conflict of interest is now been seized of by the Hon'ble Supreme Court. In pursuant to the direction of the Hon'ble Supreme Court and accepted the affidavit filed by the petitioner herein.

5.In the light of the above facts, nothing survives in the present writ petition. Hence, recording the statement of the

respective counsel, this writ petition is disposed of. No order as to costs. Consequently, the connected miscellaneous petitions are also closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar rpl To 1.The Member Secretary, All India Council for Technical Education, Nelson Mandela Marg, Vasant Kunj, New Delhi-110070.

2.The Regional Officer, Southern Regional Office, AICTE, Shastri Bhavan, 1st Floor, Nungambakkam, Chennai 600 006.

3.The Pharmacy Council of India, Represented by its Secretary cum Registrar, Combined Council Building, Temple Lane, Kolta Road, Aiwan-E-Ghalie Marg, Post Box No.7020, New Delhi-110 002.

4.The Director of Medical Education, Directorate of Medical Education Campus, Kilpauk, Chennai-600 010.

5.The Registrar, Tamil Nadu Dr.M.G.R.Medical University, No.69, Anna Salai, Guindy, Chennai-600 032.

+1cc to Mr.D.Prabhu Mukunth Arunkumar, Advocate, S.R.No.47179 +1cc to Mr.B.Rabu Manohar, Advocate, S.R.No.47109 W.P.No.15109 of 2019 and W.M.P.Nos.15097 & 15099 of 2019 SKV(CO) RRS(08/07/2019)