Sri Ganesh Educational Trust v. The Government Of Puducherry
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 29.07.2019 Coram::
The Honourable Dr.Justice G.Jayachandran W.P.No.20920 of 2019 Sri Ganesh Educational Trust, represented by its Managing Trustee, No.368, Anna Salai, Puducherry - 605 001.
... Petitioner /verus/
1. The Government of Puducherry, represented by its Secretary, Education Department, Puducherry - 605 001.
2. The Director, Directorate of Higher and Technical Education, Government of Puducherry, Puducherry - 605 008.
3. Pondicherry University, represented by its Registrar, R.V.Nagar, Kalapet, Puducherry - 605 114.
... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue Writ of Mandamus, to direct the respondents 1 & 2 herein to consider and pass early orders on the application of the petitioner dated 06.08.2018 for grant of No Objection Certificate for starting Sri Ganesh Arts and Science College at Mullodai, Bahour Commune to enable the Petitioner to submit the same to the 3rd Respondent University on time for affiliation for the academic year 2019-2020 and pass orders.
For Petitioner : Mr.Kandhan Durarisami For R1 & R2 : Mr.C.T.Ramesh, Additional Government Pleader For R3 : Mr.A.V.Bharathi, Standing Counsel
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 case for the petitioner/Sri Ganesh Educational Trust is that they have applied for permission to start a new Arts and Science College from the academic year 2019-2020 at Mullodai, Bahour Commune. The application of the petitioner was considered by the 2nd respondent/the Directorate of Higher and Technical Education, Government of Puducherry and pursuant to that the expert committee constituted by the 2nd respondent, inspected the petitioner Institute on 24.09.2018. On 04.02.2019, the 2nd respondent/the Directorate of Higher and Technical Education, Government of Puducherry, has directed the petitioner to submit the copy of the building plan approval by the Pondicherry Planning Authority, which the petitioner furnished on 06.02.2019. In spite of submitting all the required documents, the respondents have not sofar passed any order, on their application for grant of approval. Hence, the petitioner has given a reminder on 07.05.2019, till date, the 1st respondent has not passed any order.
3. On notice, the 1st respondent has entered appearance through counsel and the learned counsel on instruction states that the proposal for granting permission to the petitioner/Sri Ganesh Arts and Science College has been forward to the Education Department at Government of Puducherry.
4. The learned counsel for the 1st respondent would submit that the proposal to grant permission to the petitionerInstitute is at advance stage and suitable orders will be passed in due course. Considering the time taken sofar by the 1st respondent to consider the application, the 1st respondent is hereby directed to dispose of the representation of the petitioner, dated 07.05.2019, within a period of four weeks, from today.
5. Accordingly, the Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar(Insp.Cell) //True Copy// Sub Assistant Registrar bsm
To,
1. The Secretary, Government of Puducherry, Education Department, Puducherry - 605 001.
2. The Director, Directorate of Higher and Technical Education, Government of Puducherry, Puducherry - 605 008.
3. The Registrar, Pondicherry University, R.V.Nagar, Kalapet, Puducherry - 605 114.
+1 cc to M/s.Muthumani Doraisami, Advocate SR.No.64535 +1 cc to M/s.A.V.Bharathi, Advocate SR.No.64514 +1 cc to The Government Pleader cum Public Prosecutor, Sr.No.64791 W.P.No.20920 of 2019 mg(co) CSL/02.08.2019