Park Academy Of Global v. Governmetn Of India, Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.01.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.NO.28227 OF 2014 AND M.P.NOS.1 & 2 OF 2014 Park Academy of Global Higher Education and Research Rep. by its Managing Trustee, NH-47, Kaniyur, Coimbatore.

...Petitioner

Vs 1.Government of India, rep. by its Secretary, Ministry of Human Resource Development [Department of Higher Education], Shastri Bhavan, New Delhi - 110 011.

2.The Secretary, University Grants Commission, Bahadur Shah Jafar Marg, New Delhi - 110 022.

...Respondents

PRAYER : Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the first respondent in No.F.9-4/2010/U.3(A) dated 06.07.2010 and to quash the same made thereon and to direct that the petitioner's proposal dated 03.11.2004 to declare it as a Deemed to be University should be considered by the 1st respondent under the old regulation prevailing at the time of the application and not in accordance wit the regulations of 2010 and to grant approval to the petitioner for its declaration as a Deemed to be University for the academic year 2014-2015 onwards.

For Petitioner :

Mr.M.V.Venkataseshan For Respondents R1 :

Mr.T.L.Thirumalaisamy Central Government Standing Counsel R2 :

Mr.P.R.Gopinathan

O R D E R

The relief sought for in the present writ petition is to grant approval to the petitioner for its declaration as Deemed to be University for the academic year 2014-2015 onwards. 2.The learned counsel appearing for the respondent University Grants Commission/second respondent made a submission that the revised Regulation of the year 2010 is in force and the petitioner has to submit necessary application based on the Regulations of the 2010.

3.Declaration of Deemed to be University is to be granted by following the procedures as contemplated and only in the event of submitting an application under the relevant Regulation, the case of the petitioner will be considered by the competent authority. It is further brought to the notice of this Court that the Regulation was further revised in the year 2019 and all these revised amended Regulations are to be taken into consideration for the purpose of granting of declaration as Deemed to be University.

4.This being the developments occurred during the pendency of the writ petition, the petitioner is at liberty to submit a fresh application for the purpose of seeking declaration as Deemed to be University and in the event of submitting any such application in the prescribed format along with the relevant documents, the respondents are directed to consider the same and take a decision by following the procedures as contemplated and based on the Regulations in force.

5.With these directions, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CO) // True Copy // Sub Assistant Registrar cse To 1.The Secretary, Government of India, Ministry of Human Resource Development [Department of Higher Education], Shastri Bhavan, New Delhi - 110 011.

2.The Secretary, University Grants Commission, Bahadur Shah Jafar Marg, New Delhi - 110 022.

+1cc to Mr.T.L.Thirumalaisamy, Advocate Sr.No.5722 +1cc to Mr.P.R.Gopinathan, Advocate Sr.No.4581 W.P.No.28227 of 2014 GPL(CO) RVM(15/02/2022)