Ponnaiayah Ramajayam v. The Joint Secretary,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.08.2016

CORAM

THE HONOURABLE MR.JUSTICE M.VENUGOPAL W.P(MD)No.15588 of 2016 and W.M.P(MD)No.11451 of 2016 Ponnaiayah Ramajayam Institute of Science and Technology University, (PRIST UNIVERSITY), through its Registrar, Vallam, Thanjavur District. ... Petitioner Vs.

1.The Joint Secretary, Distance Education Bureau, University Grants Commission, Bahadur Shaw Zafar Marg, New Delhi - 110 002.

2.The Chairman, Distance Education Council, University Grants Commission, Bahadur Shaw Zafar Marg, New Delhi - 110 002. ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India seeking for issuance of a Writ of Mandamus directing the 1st Respondent to consider the Petitioner's representation, dated 28.07.2016 and consequently direct the 1st respondent to update the approval for continuation of recognition to the Petitioner University Centre for Distance Education. For Petitioner : Mr.Isaac Mohanlal, Senior Counsel for Mr.K.K.Ramakrishnan For Respondents : Mr.V.Maharajan Standing Counsel

O R D E R

Heard both sides. By consent, the main Writ Petition itself is taken up for final disposal. No counter-affidavit is filed on behalf of the Respondents.

2. According to the Learned Senior Counsel for the Petitioner/University, the Petitioner/University had addressed a representation to the Secretary, University Grants Commission, New Delhi and the Joint Secretary, University Grants Commission, New Delhi, inter alia stating that the students, who were admitted were unable to complete their Courses because of pending recognition. As per U.G.C Regulation 2016 (Clause - 18), the Petitioner/University is eligible to continue with Distance Education Programmes and requested for considering its application and to grant recognition to continue their Distance Education Programmes from the year 2016-2017.

3. In this connection, the Learned Senior Counsel for the Petitioner/University, urges before this Court that the Petitioner/University is a deemed University under Section 3 of the University Grants Commission Act and before that, the Petitioner/University was granted 'F' category and thereafter, 'C' category in ranking and the same was granted on the basis of Tanton Committee.

4. At this stage, it is brought to the notice of this Court on behalf of the Petitioner/University that the Petitioner/University is awarded with 'B' category etc. It appears that the Petitioner had paid the processing fee of Rs.10,00,000/- and submitted two applications(one to DEC and one to UGC) and the fact of the matter is extension of recognition to the Petitioner/University to offer Distance Education Programmes and the same is pending before the First Respondent for quite a long time. In this connection, the plea of the Petitioner is that they had invested Crores of rupees for Course materials and other infrastructures and kept it unused for quite a long time.

5. Considering the fact that the relief sought for in the Writ Petition is only limited in nature viz., for passing of an order by this Court in directing the First Respondent to consider the representation of the Petitioner/University, dated 28.07.2016, at this stage, this Court without delving deep into the merits and contents of the representation of the Petitioner, dated 28.07.2016, simpliciter, directs the First Respondent to look into the representation of the Petitioner/University, dated 28.07.2016, within ten days from the date of receipt of a copy of this order.

Thereafter, the First Respondent/Joint Secretary, University Grants Commission, New Delhi, is directed to pass a reasoned speaking order, on merits in a dispassionate and objective fashion, within a period of three weeks thereafter (Of course after adhering to the Principles of Natural Justice by issuing notice to the Petitioner/University and others concerned if any, if situation so warrants). Needless for this Court to make a significant mention that the Petitioner/University is to render their assistance and unstinted co-operation to the First Respondent in the subject matter in issue.

With the above said Direction(s)/Observation(s), this Writ Petition stands disposed of. No Costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CSII) /True Copy/ Sub-Assistant Registrar To 1.The Joint Secretary, Distance Education Bureau, University Grants Commission, Bahadur Shaw Zafar Marg, New Delhi - 110 002.

2.The Chairman, Distance Education Council, University Grants Commission, Bahadur Shaw Zafar Marg, New Delhi - 110 002.

+One cc to M/s.K.K.Ramakrishnan, Advocate, SR.No.46982 +One cc to Mr.V.Maharajan, ADVocate, SR.No.46856 pm RL/5C/3P/SS3/1/9/2016 W.P(MD)No.15588 of 2016 24.08.2016