M.Ganesh v. The University Grants Commission
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.08.2024
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI M.Ganesh ... Petitioner Vs.
1. The University Grants Commission, Rep.by its Secretary, Bahadurshah Zafar Marg, New Delhi-110 002.
2.The Member Secretary, All India Council for Technical Education (AICTE), Southern Regional Office, No.26, Haddows Road, Shastri Bhavan, Nungambakkam, Chennai-600 006.
3.The Secretary Government of Tamil Nadu, Department of Arts and Culture, Fort St.George, Chennai-600 009.
4.The Director, Directorate of Art and Culture, Tamil Valarchi Valagam,
Second Floor, Halls Road, Egmore, Chennai-600 008.
5.The Tamil Nadu Music and Fine Arts University, Rep.by the Registrar, 370 KVB Gardens, Raja Annamalai Puram, Chennai-600 028.
6.The Principal, Government College of Fine Arts, Poonamallee High Road, Adikesavapuram, Periamedu, Chennai-600 003.
... Respondents (*R7 was cut-off from the array of the respondents vide order dated 03.11.2022 made in W.P.No.20010 of 2022*) PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondents 3 to 6 to get necessary approval from the second respondent forthwith for conducting the Master of Fine Arts (M.F.A) Programme in the sixth respondent Government College of Fine Arts affiliated to the fifth respondent/Tamil Nadu Music and Fine Arts University from the academic year 2020-2022 under Section 10(k) of All India Council for Technical
Education Act.
For Petitioner :
Ms.Bhuvaneswari For Respondents :
No-appearance for R1 Mr.B.Rabu Manohar SCGC for R2 Mr.K.M.D.Muhilan for R5 Mr.LSM.Hasan Fisal Additional Government Pleader for R3, R4 and R6 Mr.Meenakshi Sundaram for R7
O R D E R
This Writ Petition has been filed to direct the respondents 3 to 6 to get necessary approval from the second respondent, namely, All India Council for Technical Education, forthwith for conducting the Master of Fine Arts (M.F.A) Programme in the sixth respondent Government College of Fine Arts affiliated with the fifth respondent/Tamil Nadu Music and Fine Arts University from the academic year 2020-2022 under Section 10(k) of All India Council for Technical Education Act.
2. The case of the petitioner is that the petitioner has joined Master of Fine Arts (MFA) offered by the sixth respondent College affiliated with
the fifth respondent University on the belief that the Master of Fine Arts offered by the College is recognized and approved by All India Council for Technical Education, however, he came to know that the Master of Fine Arts offered by the sixth respondent College is neither recognized nor approved by All India Council for Technical Education and since the sixth respondent College did not get approval from All India Council for Technical Education to offer the technical Courses to the students, the petitioner is not eligible to apply for Government Jobs and therefore, the petitioner and the other students made a detailed representation dated 28.02.2022 to the respondents 3 to 6, however, the same has not been considered. Therefore, the petitioner has filed the present writ petition with the aforesaid prayer.
3. The learned counsel appearing for the petitioner would submit that indeed, the petitioner has completed Master of Fine Arts, however, other students will not be suffered at the hands of the sixth respondent, since the sixth respondent, being a Government College, did not get approval for
offering technical courses to the students. Hence, it would suffice, if the respondents 3 to 6 are directed to dispose of the representation dated 28.02.2022 made by the students, on merits and in accordance with law, within a specified period.
4. The learned Additional Government Pleader appearing for the respondents 3, 4 and 6 and the learned counsel appearing for the fifth respondent have no serious objection for such an order being passed by this Court.
5. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the respondents to consider the representation made by the petitioner and the other students, dated 28.02.2022 and pass appropriate orders, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.
6. With the above direction, this Writ Petition is disposed of. No costs.
21.08.2024 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No ssb To
1. The University Grants Commission, Rep.by its Secretary, Bahadurshah Zafar Marg, New Delhi-110 002.
2.The Member Secretary, All India Council for Technical Education (AICTE), Southern Regional Office, No.26, Haddows Road, Shastri Bhavan, Nungambakkam, Chennai-600 006.
3.The Secretary Government of Tamil Nadu, Department of Arts and Culture, Fort St.George, Chennai-600 009.
4.The Director, Directorate of Art and Culture,
Tamil Valarchi Valagam, Second Floor, Halls Road, Egmore, Chennai-600 008.
5.The Tamil Nadu Music and Fine Arts University, Rep.by the Registrar, 370 KVB Gardens, Raja Annamalai Puram, Chennai-600 028.
6.The Principal, Government College of Fine Arts, Poonamallee High Road, Adikesavapuram, Periamedu, Chennai-600 003.
M.DHANDAPANI, J.
ssb 21.08.2024