Private Educational v. The Secretary To Govt.,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.05.2018
CORAM:
THE HONOURABLE MR.JUSTICE M.GOVINDARAJ AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.[MD].No.10631 of 2018 Private Educational Institution Employees Association Regn. No.127/2017, Rep. by its President K.M.Karthik 2/16 3rd Extension Ezhil Nagar, Trichy 14 : Petitioner Vs.
1. The Secretary to Government Higher Education Department Secretariat, Chennai.
2. The Director, Directorate of Technical Education, Chennai.
3. The Vice Chancellor Anna University Chennai.
: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the 1st respondent to revise the Fee Structure recommended by the Committee on fixation of fee in respect of Self Financing Professional Colleges insofar as relating to Engineering Colleges for the academic year 2018-2019 and 2019-2020 based on the faculty ratio fixed by the All India Council for Technical Education (AICTE) as well as the representation of the petitioner Association dated 13.04.2018.
For Petitioner : Mr.G.Thalaimutharasu For Respondents : Mr.D.Muruganantham for R1 & R2 Additional Government Pleader Mr.M.Rajarajan for R3
O R D E R
[Order of the Court was made by G.R.SWAMINATHAN, J] The writ petitioner seeks issuance of a writ of mandamus for directing the first respondent to revise the fee structure recommended by the Committee on fixation of fee in respect of Self Financing Professional Colleges insofar as relating to Engineering Colleges for the academic year 2018-2019 and 2019-2020 based on the faculty ratio fixed by the All India Council for Technical Education (AICTE) as well as the representation of the petitioner Association dated 13.04.2018.
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2. This writ petition is liable to be dismissed for more reasons than one.
3. The writ petitioner is an Association. This Court on more than one occasion has held that a writ petition at the instance of the Association would not lie. In this case, the writ petitioner's rights are in no way infringed. As the writ petitioner represents the employees working in educational institution, the writ petitioner has no locus-standi whatsoever in the matter. In any event, a statutory committee has been constituted to fix the fee. Based on the committee's recommendation, it is for the Government to pass appropriate orders in accordance with law. The rights of the writ petitioner nor that of its members have been affected in any manner. There is no other material before this Court warranting interference at this stage at the intervention of the writ petitioner. We see no merit in this writ petition. Accordingly, the writ petition stands dismissed. No costs. Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar To
1. The Secretary to Government Higher Education Department Secretariat, Chennai.
2. The Director, Directorate of Technical Education, Chennai.
3. The Vice Chancellor Anna University Chennai.
+1CC to Mr.G.Thalaimutharasu, Advocate in SR.No.65205, +1CC to Government Pleader in SR.No.65319.
RR DS/RSK/SAR-1 :17.05.2018: 2P/6C ORDER MADE IN W.P.[MD].No.10631 of 2018 09.05.2018 https://hcservices.ecourts.gov.in/hcservices/