N.S.M.Ayuph Khan v. The Secretary To The Government,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.09.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Writ Petition No.19506 of 2020 W.M.P.No. 24116 & 24119 of 2020 1.Mr. N.S.M.Ayuph Khan

2. Mr. A.Shahul Hameed 3.Mr.Dr.M.Iqbal B.D.S

...Petitioners

-Vs1. The Secretary to the Government, Higher Education Department, Secretariat, Chennai 600009

2. The Director (FAC), Office of Directorate of Collegiate Education, 9th Floor EVK Sampath Buildings, College Road, Chennai 600006

3. The Joint Director (P and D), Office of Directorate of Collegiate Education, 9th Floor, EVK Sampath Buildings, College Road Chennai 600006

4. The Assistant Director (Self Financing Colleges), Office of Directorate of Collegiate Education, 9th Floor, EVK Sampath Buildings, College Road, Chennai 600006

5. The Regional Joint Director, Office of Regional Joint Directorate of Collegiate Education, Tiruchirapalli Clive Building, I Floor Teppakulam PO, Tiruchirapalli 620002

6. The Registrar, Bharathidasan University, Tiruchirappalli-620024

7. The Tamil Nadu Muslim Educational Trust, rep. by its Managing Trustee, Regd Off: Jammath Complex, North Street, Ammapattinam, Manamelkudi Taluk, Pudukkottai District

8. The Managing Committee, rep. by its Secretary, Annai Khadeeja Arts and Science College for Women, Kandanivayal Village, Edayathimangalam Post, Manamelkudi Taluk, Pudukkottai District-614620

9. The Principal, Annai Khadeeja Arts and Science College for Women, Kandanivayal Village, Edayathimangalam Post, Manamelkudi Taluk, Pudukkottai District-614 620

...Respondents

Prayer: Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus or any other Writ order or direction in the nature of Writ, directing the 1st respondent to suspend the present College Management and appoint a Special Officer as per section 14-A of Chapter III-A of the Tamil Nadu Private Colleges (Regulation) Act, 1976, to effectively manage and administer the Annai Khadeeja Arts & Science College for Women and thereby remove all the present mismanagement, mal-administration, procedural lapses, and various irregularities prevailing in the Annai Khadeeja Arts and Science college for Women, in accordance with the law. For Petitioner :Mr. S.Abubacker Sidhic For Respondents:Mr. A.Selvendran Government Advocate for R1 to R5 Mr. K.Deshingh for R9 Mr. V.Govardanan for R6

O R D E R

This writ petition has been filed for the issue of the writ of Mandamus directing the 1st respondent to act upon the complaint/ representation made by the petitioners on 29.05.2020, wherein the petitioners are alleging that there is a mismanagement and mal-administration of the respondent college and it requires appointment of a special officer under Tamil Nadu Private Colleges (Regulation Act 1976) to manage and administer the college.

2.

When the matter was taken up for hearing, the learned Government counsel appearing on behalf of the 1st respondent submitted a status report. The Learned Government counsel by relying upon the status report submitted that a detailed enquiry was conducted by the 1st respondent and the relevant materials

have been collected and the 1st respondent will take a decision and pass appropriate orders, within the time frame fixed by this Court.

3.

The learned counsel appearing on behalf of the respondents 7 to 9 submitted that the petitioners have already filed a civil suit and have made all the allegations against the college and parallely, the present writ petition has been filed before this Court and the same is liable to be dismissed. It was further submitted that the respondents 7 to 9 want to file a detailed counter affidavit in this writ petition by denying the allegations made by the petitioners.

4.

In the considered view of this Court, there is no requirement for this Court to go into the merits of the case and deal with the allegations and counter allegations made between the parties.

The petitioners have given a complaint before the first respondent and the same has been taken cognizance and an enquiry was conducted and it is stated that the 1st respondent is going to pass orders on the complaint made by the petitioners. Therefore at this stage, there is no requirement for this Court to entertain a counter affidavit and go into the merits of the case. The parties will have to necessarily await the decision to be taken by the 1st respondent and if anyone is aggrieved by the same, it is always left open to them to work out their remedy in the manner known to law.

5.

In view of the above discussion, there shall be a direction to the 1st respondent to take a decision and pass appropriate orders strictly in accordance with the law, within a period of four weeks from the date of receipt of copy of this order.

6.

This writ petition is disposed of with the above directions. No costs.

s/d- Assistant Registrar(CS IV) True Copy Sub-Assistant Registrar Sha To 1.The Secretary to the Government, Higher Education Department, Secretariat, Chennai 600009

2. The Director (FAC), Office of Directorate of Collegiate Education, 9th Floor EVK Sampath Buildings, College Road, Chennai 600006

3. The Joint Director (P and D), Office of Directorate of Collegiate Education, 9th Floor, EVK Sampath Buildings, College Road Chennai 600006

4. The Assistant Director (Self Financing Colleges), Office of Directorate of Collegiate Education, 9th Floor, EVK Sampath Buildings, College Road, Chennai 600006

5. The Regional Joint Director, Office of Regional Joint Directorate of Collegiate Education, Tiruchirapalli Clive Building, I Floor Teppakulam PO, Tiruchirapalli 620002

6. The Registrar, Bharathidasan University, Tiruchirappalli-620024 +1 CC to The Government Pleader sr 46876.

+1 CC to Mr.S. Abu Backer Sidhic, Advocate sr 46362. +1 Cc to Mr.R.Ramesh, Advocate sr 46382.

Writ Petition No.19506 of 2020 W.M.P.No. 24116 & 24119 of 2020 PVS(CO) SP(16/09/2021)