Ponnaiayah Ramajeayam v. The Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.11.2016

CORAM:

THE HONOURABLE DR.JUSTICE S.VIMALA W.P(MD)No.20814 of 2016 and W.M.P(MD)No.14863 of 2016 Ponnaiayah Ramajeyam Institute of Science and Technology University (Prist University) through its Registrar, Vallam, Thanjavur District.

: Petitioner Vs.

The Secretary, National Assessment and Accreditation Council, University Grants Commission, Bahadur Shaw Zafar Marg, New Delhi - 110 002.

: Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent to grant the "A" Grade to the petitioner deemed to be university.

For Petitioner : Mr.K.Manikkam for Mr.K.K.Ramakrishnan For Respondent : Mr.V.Maharajan, Standing Counsel.

O R D E R

This writ petition has been filed for issuance of a Writ of Mandamus, directing the respondent to grant "A" Grade to the petitioner's deemed university.

2.Heard the learned counsel appearing for the petitioner and the learned Standing Counsel, who took notice for the respondents. By consent, the writ petition itself is taken up for final disposal.

3.The case of the petitioner is that the petitioner University is a deemed University by virtue of the order passed on 04.01.2008 under Section 3 of the University Grants Commission Act. The Hon'ble Supreme Court by the order dated 08.09.2015 directed the National Accreditation Assessment Commissioner (NAAC), an autonomous body of the respondent, to assess the ranking of the University. The petitioner submitted the relevant fee for the Assessment of Ranking and the respondent appointed Peer Committee to inspect the petitioner University and the said Peer Committee

submitted a report and awarded "B" Grade with 2.95 grade points, which is less than 0.05 to get 'A' grade. The petitioner sent a communication to the respondent on 22.12.2015, expressing his intention to file an appeal and requested to furnish the format and prescribed fee for review of gradation. The Chairman of the Peer Review Committee submitted a report stating that the petitioner University would have been awarded 3.17 marks and thereby the petitioner would have been entitled to grant "A" grade. Still the respondent has not been chosen to award "A" grade to the petitioner institution. Therefore, the petitioner sent a representation dated 05.04.2016, followed by a reminder dated 29.07.2016.

4.The respondent by the communication dated 29.07.2016, expressed their intention to revisit and directed the petitioner to furnish further particulars. As per the direction, the petitioner has furnished the particulars on 09.08.2016 and the respondent neither visited the premises nor granted "A" grade based on the report of the Review Committee Members dated 12.02.2016. Hence, this writ petition has been filed, seeking a writ of mandamus directing the respondent to grant "A" grade to the petitioner deemed University.

5.The learned counsel for the petitioner would submit that it would be suffice if the respondent is prepared to consider the representation of the petitioner dated 09.08.2016. 6.The learned standing counsel for the respondent would submit that personal visit of the respondent would be better in the interest of the institution and the respondent would prefer the personal visit in order to find out whether the petitioner is entitled to "A" grade or not.

7.Only in case of personal visit by the respondent, the respondent would be in a position to find out whether the Self Study Report, dated 09.08.2016, is reliable or not. Accordingly, the respondent is directed to fix the date for personal visit and intimate the petitioner and the personal visit shall be made within a period of two months from the date of receipt of copy of the order. After effecting personal visit, the respondent shall pass orders within a period of one month thereafter. 8.With the above direction, this writ petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS II) /True copy/ Sub Assistant Registrar

To The Secretary, National Assessment and Accreditation Council, University Grants Commission, Bahadur Shaw Zafar Marg, New Delhi - 110 002.

+1cc to Mr.V.Maharajan, Advocate SR.No.65090/2016 +1cc to Mr.KK.Ramakrishnan, Advocate Sr.No.65191/2016 smn sm:MPA:SAR 3:04/11/2016:3P/4C ORDER MADE IN W.P(MD)No.20814 of 2016 and W.M.P(MD)No.14863 of 2016 02.11.2016