S.Gunal v. All India Council For Technical Education
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.09.2021 CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Writ Petition Nos.20861, 20864 & 20865 of 2021 S.Gunal .... Petitioner in W.P.20861 Devadarshan.V.
....
Petitioner in W.P.20864 R.Renuga ....
Petitioner in W.P.20865 -Vs1.All India Council for Technical Education Nelson Mandela Marg, Vasant Kunj New Delhi - 110 070.
2.The Director Directorate of Technical Education 53, Sardar Patel Road, Anna University Guindy Chennai - 600025.
3.Arignar Anna Institute of Science and Technology Rep.by its Principal, Pennallur, Sriperumbudur Kancheepuram District - 602 117.
... Respondents Prayer in all the Writ Petitions : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the second respondent to withdraw and stop the transfer procedures of the students as mentioned in Letter No.02444/J1/2021 dated 08.09.2021 for the academic year 2021-22.
For Petitioner : Mr.S.L.Sudarsanam for Mr.K.S.Arivazhagan For Respondents : Mr.Rabu Manohar,Standing Counsel-for R1 Mr.A.Selvendran for R2 Government Advocate
C O M M O N O R D E R The issue involved in all these writ petitions are common and hence they are taken up together and this common order is passed.
2. All these writ petitions have been filed by the students, who are studying in the third respondent college seeking for a mandamus directing the second respondent to withdraw the transfer process that has been initiated to transfer the existing students to other approved / recognized colleges.
3. The case of the petitioners is that, they are students who are studying B.E., degree course in the third respondent college. The third respondent college got into huge problems and as a result of the same, they have been placed under 'No Admission' category by the A.I.C.T.E., for the academic year 2021-22. That apart, the very functioning of the college is now put to question in view of the huge debts that is owed by the concerned Trust and matters are also pending before the Hon'ble Supreme Court.
4. The institution approached this Court and filed W.P.Nos.18280 and 18281 of 2021 questioning the decision taken by the A.I.C.T.E. This Court, considering the entire facts and circumstances of the case, was not pleased to grant any interim order and directed the respondents therein to file their counter affidavit.
5. In the meantime, considering the interest of the students and in order ensure that their future is not affected, the second respondent started taking steps to seek for the consent of the students to get them transferred to other approved institutions. Questioning the same, these writ petitions have been filed before this Court.
6. Heard Mr.S.L.Sudarsanam, learned counsel appearing for the petitioners, Mr.Rabu Manohar, learned Standing Counsel appearing for the first respondent and Mr.A.Selvendran, learned Government Advocate appearing for the second respondent.
7. In the considered view of this Court, the steps initiated by the second respondent is purely in the interest of the students. The students must ultimately complete the course from a recognized / approved institution. Probably the students
may face some hardship due to their transfer to some other college. However, the students will have to withstand this hardship by considering their future. The petitioners are claiming to be undergoing their final year and therefore, it is in the best interest of the petitioners to give their consent and choose the college from the option given by the second respondent. Considering the larger interest, this Court is not inclined to interfere with the steps initiated by the second respondent to get the students transferred to other recognized institutions.
8. In view of the above, this Court does not find any merits in these writ petitions and the same are dismissed. No costs.
Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar KST To 1.All India Council for Technical Education Nelson Mandela Marg, Vasant Kunj New Delhi - 110 070.
2.The Director Directorate of Technical Education 53, Sardar Patel Road, Anna University Guindy Chennai - 600025.
3. The Principal, Arignar Anna Institute of Science and Technology Pennallur, Sriperumbudur Kancheepuram District - 602 117.
+3cc to M/s.M.Velmurugan, Advocate, S.R.No.50431,50430,50429 +1cc to the Government Pleader, S.R.No.50509 W.P.Nos.20861, 20864 & 20865 of 2021 PMK(CO) SB(18/10/2021)