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Madras High CourtWP/32182/2019disposed of

S.Sevagan v. All India Council For Technical

2021-12-13Honourable Mr Justice M.Dhandapani3 pages

0.IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 13.12.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.32182 OF 2019 S.Sevagan

...Petitioner

Vs.

1.All India Council for Technical Education, Nelson Mandela Marg, Vasanth Kunj, New Delhi - 110 070.

2.Southern Regional Office, Shastri Bhavan, 26, Haddows Road, Nungambakkam, Chennai - 600 006.

3.Director of Technical Education, 53, Sardar Patel Road, Guindy, Chennai - 600 025.

4.The Registar, Anna University, Guindy, Chennai - 600 025.

...Respondents

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 3rd and 4th respondents to consider the M.Tech (Laser and Electro-Optical Engineering) as appropriate nomenclature of PG degree for the course of ECE as per the notification of AICTE dated 28.04.2018. For Petitioner :

Mr.A.Ashvathaman For Respondent R1 & R2 :

Mr.Rabu Manohar For Respondent R3 :

Mr.C.Jayaprakash For Respondent R4 :

M.Vijayakumar Standing Counsel for Anna University

O R D E R

The petitioner has filed this writ petition seeking issuance of a Writ of Mandamus directing the 3rd and 4th respondents to consider his representation dated 19.03.2019 and to consider his M.Tech degree (Laser and Electro-Optical Engineering) as appropriate nomenclature of PG degree for the course of ECE as per the notification of AICTE dated 28.04.2018. 2.The case of the petitioner is that he had completed his B.E in Electronics and Communication Engineering (in short ECE) in the year 2011 and has completed his M.E in Laser and ElectroOptical Engineering. The petitioner worked as Assistant Professor in Department of ECE for a period of 2013-2014 in D.M.I. College of Engineering and thereafter, in St. Joseph Institute of Technology for a period of 2014-2018.

While so, the petitioner has applied for the recruitment process of Anna University for Assistant professor in ECE department in the year 2016 and the same has been rejected by Anna University/4th respondent herein stating that PG degree in Laser and ElectroOptical Engineering completed by the petitioner is not in ECE domain. Thereafter, the petitioner made a representation before the 4th respondent on 19.03.2019 to consider the M.Tech (Laser and Electro-Optical Engineering) under ECE domain as per AICTE Regulation 2017 dated 28.04.2017. However, there was no response from the 4th respondent. Hence, he made a representation before the 3rd respondent ad since there is no response, this Writ petition is filed.

3. The learned counsel for the petitioner submitted that though the AICTE vide its notification dated 28.04.2017 equally held that the petitioner's Master degree is equivalent to ECE, the 4th respondent without considering the notification of AICTE has rejected the petitioner's application and both the 3rd and 4th respondents have not passed any orders on his representation. Hence, he submitted that, it would suffice, if this Court issues direction to the 3rd and 4th respondent to consider the petitioner's representation and consider the petitioner's M.Tech degree in Laser and Electro-Optical Engineering under ECE domain and pass appropriate orders as early as possible.

4. The learned counsel appearing for 1st respondent submitted that the petitioner's M.Tech in Laser and ElectroOptical Engineering is not equivalent to ECE domain.

5. The learned counsel appearing for the 3rd and 4th respondent fairly submitted that already the State Government has appointed Equivalence committee and the petitioner's representation will be forwarded to the Equivalence committee in order to take appropriate decision.

6.In view of above submissions made by the learned counsel on either side, this Court is inclined to issue direction to the petitioner to send a copy of his application along with this order to the 3rd and 4th respondents and if such application is received, the 3rd and 4th respondents are directed to forward the same to the Equivalence committee within a period of two weeks thereafter, and the Equivalence committee is directed to consider the same and take appropriate decision in accordance with law as expeditiously as possible.

7.This Writ Petition is disposed of with the aforesaid direction. No costs.

Sd/- Assistant Registrar(CS-IX) // True Copy // Sub Assistant Registrar skt To 1.All India Council for Technical Education, Nelson Mandela Marg, Vasanth Kunj, New Delhi - 110 070.

2.Southern Regional Office, Shastri Bhavan, 26, Haddows Road, Nungambakkam, Chennai - 600 006.

3.Director of Technical Education, 53, Sardar Patel Road, Guindy, Chennai - 600 025.

4.The Registar, Anna University, Guindy, Chennai - 600 025.

+1cc to Mr.B.Rabu Manohar, Advocate Sr.No.66202 +1cc to M/s.M.Vijayakumar, Advocate Sr.No.66280 +1cc to the Government Pleader Sr.No.66598 W.P.No.32182 of 2019 PMK(CO) RVM(07/02/2022)