Association Of Self Fiannce v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.10.2016

CORAM

THE HONOURABLE MR. JUSTICE B.RAJENDRAN W.P.No.33790 of 2016 & W.M.P.No.29153 of 2016 Association of Self Finance Agriculture Colleges (Registration No.425/2015) rep. by its President Mr.K.Varadharajan ... Petitioner Vs 1.The State of Tamil Nadu rep. by its Secretary to Government of Tamil Nadu, Agriculture Department, Fort St. George, Chennai 600 009.

2.Tamil Nadu Agriculture University rep. by its Registrar, Coimbatore, Tamil Nadu.

3.The Board of Management Tamil Nadu Agriculture University, Coimbatore, Tamil Nadu.

4.The Academic Council Tamil Nadu Agriculture University, Coimbatore, Tamil Nadu.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the respondents to permit the Member Colleges of the petitioner's Association (Members list annexed) to fill up the Seats lying vacant as 'Lapsed Seats; on account of non sponsoring of candidates by the second respondent University under the Government Quota for academic year 2016-17 and to approve the admission of such of those students under the 'Lapsed Seats category'.

For Petitioner : Mr.Issac Mohanlal, SC for Mr.D.Sadiq Raja For Respondent-1 : Mr.A.N.Thambidurai, Spl. G.P.

For Respondents 2 to 4 : Mr.Abdul Saleem

O R D E R

This writ petition has been filed seeking a writ of mandamus directing the respondents to permit the Member Colleges of the petitioner's Association (Members list annexed), to fill up the Seats lying vacant as 'Lapsed Seats' on account of non sponsoring of candidates by the second respondent University, under the Government Quota for academic year 2016-17 and to approve the admission of such of those students under the 'Lapsed Seats category'.

2. Though a larger relief has been sought for in the writ petition, learned Senior Counsel appearing for the petitioner, after some elaborate arguments has brought to the notice of this Court that there should not be 'Lapsed seats' making the colleges to forgo their right especially, when they have put so many inputs for the same. Therefore, learned Senior Counsel would submit that if a direction is issued to the competent authority, i.e., the second respondent herein, to consider the representation dated 21.09.2016, given by the petitioner, within a short span of time.

3. Learned counsel for the respondent would submit that the last date of admission has already been over on 31.08.2016 and the petitioner had made his representation only on 21.09.2016.

4. In such view of the matter and taking into consideration that the last date for admission had already been over, since the vacant seats should not go waste as 'Lapsed Seats', there will be a direction to the second respondent, to consider the representation dated 21.09.2016 of the petitioner, within a period of 15 days, from the date of receipt of a copy of this order.

This writ petition is disposed of with the above observations. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar smi To 1.The Secretary to Government State of Tamil Nadu Agriculture Department, Fort St. George, Chennai 600 009.

2. The Registrar, Tamil Nadu Agriculture University Coimbatore, Tamil Nadu.

3.The Board of Management Tamil Nadu Agriculture University, Coimbatore, Tamil Nadu.

4.The Academic Council Tamil Nadu Agriculture University, Coimbatore, Tamil Nadu.

1 cc to Government Pleader, sr.56916,56950 1 cc to Mr.Abdul Saleem, Advocate, sr.56635 1 cc to M/s.Sadiq Raja, Advocate, sr.56691 (05.10.2016) W.P.No.33790 of 2016 scd co kra 04.10.2016