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Madras High CourtWP(MD)/15449/2026disposed of

The Governing Council Of The American College v. Union Of India

2026-06-10Honourable Mr Justice D.Bharatha Chakravarthy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 10.06.2026

CORAM

THE HONOURABLE MR JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P(MD)No.11573 of 2026 The Governing Council of The American College, Represented by its Principal and Secretary / Chief Functionary, Dr. M. Davamani Christober, No.1, Tallakulam, Madurai - 625 002.

... Petitioner Vs.

Union of India, Represented by its Deputy Director, Ministry of Home Affairs, Foreigners Division (FCRA Wing), 1st Floor, Hall No. 1, Open Gallery, Major Dhyan Chand National Stadium, India Gate Circle, New Delhi - 110003.

...Respondent

Prayer: Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorarified Mandamus, to call for the records of the Respondent culminating in the impugned order dated 04.02.2026 bearing File No. 0100008222025, quash the same as illegal and arbitrary, and consequently direct the Respondent to

grant FCRA registration to the Petitioner under the Educational category without insisting on a six-month waiting period, and pass such further or other orders as this Honble Court may deem fit and thus render Justice. For Petitioner : Mr.M.Sritharan Rangarajan Senior Advocate for H.Mohamed Ashick For Respondent : Mr.R.Govindarajan Deputy Solicitor General of India

ORDER

The writ petition is filed challenging the impugned order dated 04.02.2026. The same is an order refusing to renew the registration of the petitioner under the Foreign Contribution (Regulation) Act, 2010. The order is passed under Section 12(2) of the said Act. As against the same, the petitioner has an appellate remedy before this Court under Section 31 of the same Act.

2. In view thereof, since the petitioner has an efficacious alternative remedy, this Court made a query to the learned Senior Counsel appearing on behalf of the petitioner. In response, the learned Senior Counsel submitted that the entire issue in the present case arose pursuant to an earlier order, against which the petitioner had preferred a revision and an order in the said revision came to be passed on 30.09.2025.

3. As against the said revisional order, the petitioner is entitled to approach this Court under Article 226 of the Constitution of India. According to the learned Senior Counsel, no further alternative remedy is available against the said order.

4. As a matter of fact, it is only pursuant to the directions issued in the revisional order that the application, which has now been dealt with under the impugned order, came to be filed.

5. Upon consideration of the above submissions, if the petitioner is still aggrieved by the order passed in the revision, it is open to the petitioner to challenge the same by filing a writ petition, as submitted by the learned Senior Counsel. It is also open to the petitioner to independently prefer a Civil Miscellaneous Appeal (CMA) against the impugned order, if so advised. The petitioner may also await the outcome of the writ petition challenging the revisional order and thereafter, proceed in accordance with law. Both the aforesaid liberties are kept open to the petitioner.

6. In view of the availability of the aforesaid remedies, this writ petition cannot be entertained and is accordingly disposed of, leaving it open to the petitioner to challenge the revisional order in the manner known to law and/or to prefer an appeal against the order impugned in the present writ petition.

7. In view of the fact that a similar order has been passed by this Court in W.P.(MD) No.14876 of 2026, dated 04.06.2026, it is directed that, if the petitioner prefers an appeal within a period of two weeks from the date of receipt of a web copy of this order, the Registry shall treat the same as having been filed within time and number the CMA, subject to compliance with all other procedural requirements.

8. With the said liberty, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 10.06.2026 rgm

To Union of India, Represented by its Deputy Director, Ministry of Home Affairs, Foreigners Division (FCRA Wing), 1st Floor, Hall No. 1, Open Gallery, Major Dhyan Chand National Stadium, India Gate Circle, New Delhi - 110003.

D.BHARATHA CHAKRAVARTHY , J.

rgm and W.M.P(MD)No.11573 of 2026 10.06.2026