The Chairman v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 30.08.2019 Coram::
The Honourable Dr.Justice G.Jayachandran W.P.No.15485 of 2019 & W.M.P.No.15416 of 2019 The Chairman, RVS College of Engineering & Technology, Kumaran Kottam Campus, Trichy Road, Kannammpalayam, Coimbatore.
... Petitioner /verus/
1. The State of Tamil Nadu, Rep. by its Secretary, Department of Higher Education, Fort St.George, Chennai - 600 009.
2. The Principal Secretary, Commissioner of Technical Education, Directorate of Technical Education, Guindy, Chennai - 600 025.
3. The Anna University, Chennai, Rep. by its Registrar, Chennai - 600 025.
4. The Director, Centre for Affiliation of Institutions, Anna University, Chennai - 600 025.
... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue Writ of Certiorarified Mandamus, to call for the records relating to the impugned order issued by the 3rd respondent University vide Lr.No.282/CAI/AU/CR_F/2019, dated 11.05.2019 in so far as reducing the admission capacity by 30 seats out of sanctioned 60 seats each in all the 5 UG Engineering Courses and ordering "No Admission Status" in all the 4 PG Engineering Courses in the petitioner-college for the academic year 2019-2020 is concerned, quash the same and further direct the 3rd and 4th respondents herein to allow the petitioner to retain the original intake admission capacity of 368 seats (300 UG seats and 68 PG seats) for admission during 2019-2020 and pass order.
For Petitioner : Mr.Isaac Mohanlal, Senior Counsel for Isaac Chambers.
For R3 & R4 : Mr.A.Kumar, Additional Advocate General Assisted by L.P.Shanmugasundaram, Special Government Pleader For R1 & R2 : Mr.S.Suresh Kumar, Government Advocate
O R D E R
O R D E R
Heard the Learned Counsel for the Petitioner and the Learned Counsel for the Respondents.
2. The short point involved in this case is that, the petitioner College was found deficient in providing library books during the inspection and therefore, after affording opportunity to rectify the deficiencies, the University has reduced the intake of Under Graduate course and also instructed the Institute not to admit any students in the Post-Graduate course.
3. The Learned Counsel for the petitioner would submit that, after inspection held on 16.03.2019, the deficiencies pointed out by the Inspection committee was immediately complied. Nearly 122 topics of new books (291 numbers) were purchased and same was stated in the compliance report. Despite that, the Scrutiny Committee of the University has rejected the compliance report.
4. In the counter, the respondents has stated that, the documents produced in support of compliance were not satisfactory instead of invoice, the Institute has produced only proforma invoice and there was contradictions in the manner in which the alleged payment for the purchase made by the Institute. Therefore, they did not accept the compliance report.
5. Contrarily, the Learned Senior Counsel appearing for the petitioner would submit that, there are enough evidence to show that the Institute has placed order for purchasing of nearly 291 books, covering 122 topics and the payment was made through RTGS the books were also duly received by the Librarian of the Institute. Similarly, for journals also orders placed and received. Those journals are available in the Library of the Institute.
6. Since there are contradiction on facts regarding availability of the books in the library, it is suffice to
direct the 3rd respondent/Anna University, Chennai, to make another inspection regarding availability of the books and if the shortage noted during the inspection is rectified and the Institute has sufficient number of books, appropriate order may be passed, after conducting inspection.
7. The petitioner Institute shall make all arrangements for the inspection and produce the relevant documents such as invoice and photograph of the books to the Inspection committee, within a period of three days. On receipt of the documents and application, the University shall sent his inspection team and complete the inspection and pass orders, within a period of three weeks.
8. With the above direction, the Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar(CS-III) //True copy// Sub Assistant Registrar bsm To,
1. The Secretary, The State of Tamil Nadu, Department of Higher Education, Fort St.George, Chennai - 600 009.
2. The Principal Secretary, Commissioner of Technical Education, Directorate of Technical Education, Guindy, Chennai - 600 025.
3. The Registrar, The Anna University, Chennai, Chennai - 600 025.
4. The Director, Centre for Affiliation of Institutions, Anna University, Chennai - 600 025.
+1cc to Mr. L.P.Shanmugasundaram, Advocate SR.No.76038 +1cc to Mr.Isaac Chambers, Advocate SR.No.75486 +1cc to Government Pleader SR.No.76167 W.P.No.15485 of 2019 BP(CO) GMY(23/09/2019)