Indian Institute Of Arch v. The Secretary(Education)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:28.06.2018 C O R A M THE HON'BLE Mr.JUSTICE P.D.AUDIKESAVALU W.P.No.6404 of 2004 Indian Institute of Architecture, Andhra Pradesh Chapter, Rep. by its Chairman Mr.D.T.Vinod Kumar, 802/C, Alkarim Trade Centre, Rani Jang Secunderabad.

...Petitioner

vs 1.The Secretary (Education), Ministry of Human Resource Development, Government of India, New Delhi.

2.The Secretary, Ministry of Law, Justice & Company Affairs, Government of India, New Delhi.

3.The Joint Secretary, Ministry of Law Justice & Company Affairs, Government of India, Shastri Bhavan, Haddows Road, Chennai 600 006.

4.All India Council for Technical Education, I.G.Sports Complex, I.P.Estate, New Delhi.

(R4 impleaded as per order dated 18.07.2006 by FMIKJ in WPMP 8886/04 in W.P.6404/04

...Respondents

Prayer:Writ petition filed under Article 226 of the Constitution of India for issuance of a writ of declaration to declare that the first respondent is incompetent to give legal opinion much less in contravention of the advice/opinion of the Attorney General of India which is a constitutional exercise under Article 76(2) of the Constitution of India and consequentially hold the communication of the first respondent in No.F17-11-2003 TS IV dated 8.3.2004 as illegal and unconstitutional.

For petitioner : No Appearance For Respondents : Mr.Venkataswamy Babu for R1 to R3

O R D E R

The writ petition has been filed for issuance of a declaration to declare that the first respondent is incompetent to give legal opinion much less in contravention of the advice/opinion of the Attorney General of India which is a constitutional exercise under Article 76(2) of the Constitution of India and consequentially hold the communication of the first respondent in No.F017-11-2003 TS IV dated 8.3.2004 as illegal and unconstitutional.

2.There has been no representation for the petitioner during the earlier hearings on 14.06.2018 and 19.06.2018, as well as today despite the matter being posted under the caption 'For Dismissal'. Mr.Venkataswamy Babu, learned counsel for respondents 1 to 3 is present. Hence, the writ petition stands dismissed for non-prosecution. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vri To 1.The Secretary (Education), Ministry of Human Resource Development, Government of India, New Delhi.

2.The Secretary, Ministry of Law, Justice & Company Affairs, Government of India, New Delhi.

3.The Joint Secretary, Ministry of Law Justice & Company Affairs, Government of India, Shastri Bhavan, Haddows Road, Chennai 600 006.

4.All India Council for Technical Education, I.G.Sports Complex, I.P.Estate, New Delhi 110 002.

+1cc to Mr.Venkataswamy Babu Advocate Sr.No.41287 SS(CO) sm:18.7.2018 W.P.No.6404 of 2004