Fathima College Of Pharmacy v. The Registrar,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.01.2017

CORAM

THE HONOURABLE MR. JUSTICE B.RAJENDRAN W.P.No.44538 of 2016 and WMP.No.38361/2016 ---- Fathima College of Pharmacy rep. by its Managing Trustee Mr.Ravi @ Mohideen Basha, 103, Main Road, Krishnapuram, Kadayanallur, Tirunelveli District.

... Petitioner Vs.

The Registrar, Tamil Nadu Dr.M.G.R. Medical University, No.69, Anna Salai, Guindy, Chennai-600 032.

... Respondent Writ Petition is filed under Article 226 of the Constitution of India to India for the issuance of a Writ of Certiorarified Mandamus, calling for the records of the respondent made in Proceeding No.Rc.Affln-I(4)/02371/2016 dated 26.11.2016 and quash the same and thereby consequently direct the respondent to pass orders for continuation of the affiliation for the petitioner college for the year 2016/2017 as per the orders made by the statutory authorities grant of approval. For Petitioner : Mr.S.Senthil Nathan For Respondent : Mr.Harihara Arun Somasankar

O R D E R

The Writ Petition is filed, challenging the proceedings of the respondent in No.Rc.Affln-I(4)/02371/2016 dated 26.11.2016 and quash the same and for other consequential reliefs. 2.

The case of the petitioner is that the petitioner college is one of the reputed colleges in the field of pharmacy education, established in the year 1993 and it has also obtained the statutory approval from the AICTE. Further, the petitioner college has been affiliated to the respondent and has the intake capacity of 50 students in the Course of Degree in Pharmacy. However, the respondent failed to grant the usual and routine order of continuation of the Provisional Affiliation for the academic years 2015-16 and 2016-17 though the continuation of the approval has already been granted to the college by the https://hcservices.ecourts.gov.in/hcservices/

AICTE and PCI due to which the students who have admitted during the academic year 2015-16 were not permitted to write the examination during August, 2016.

3.

The further case of the petitioner is that the respondent has issued the impugned order dated 26.11.2016 informing appointment of Mr.Jerad Suresh as the Convener for carry out inspection of the petitioner college and submit a report. According to the petitioner, the same person, who has inspected the petitioner college earlier has created severe complication which has culminated in filing of the writ petition etc. Therefore, the petitioner has written a letter dated 01.12.2016 seeking to appoint any other competent person for carrying out inspection in order to avoid unnecessary conflict and complications. Since there is no reply from the respondent, the present writ petition came to be filed.

4.

Today, when the matter is taken up, the learned Counsel appearing for the respondent by producing a print out of the proceedings of the respondent dated 19.01.2017 would submit that the Convener/Member to carry out the inspection for the academic year 2016-17 has been changed and a new team has been appointed and thus the prayer in the writ petition has become infructuous. 5.

Recording the same, the Writ Petition is closed, however, a direction is issued to the respondent to finish the inspection process expeditiously as the examinations are fast approaching in which the future of the students are also involved. No costs. Consequently, connected Miscellaneous Petition is closed.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar To The Registrar, Tamil Nadu Dr.M.G.R. Medical University, No.69, Anna Salai, Guindy, Chennai-600 032.

+1 cc to M/s.S.Senthil nathan Advocate sr 4491 W.P.No.44538 of 2016 ss(co) aa10/02/2017 https://hcservices.ecourts.gov.in/hcservices/