The Secretary v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.11.2022
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and M.P(MD)No.1 of 2014 The Secretary, Rajapalayam Raju's College, Rajapalayam-626 117, Virudhunagar District.
... Petitioner Vs.
1.The State of Tamil Nadu, Represented by its Secretary, Department of Higher Education, Fort St. George, Chennai-600 006.
2.The Director of Collegiate Education, College Road, Chennai-600 006.
3.The Joint Director of Collegiate Education, Madurai Region, Madurai-625 020.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Prohibition, restraining the respondents herein from interfering with the admission of female students in the petitioner's college, and pass such further or other suitable order as this Court.
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For Petitioner : M/s.K.Ragatheesh Kumar For Respondents : M/s.S.Kameswaran Government Advocate
ORDER
The present Writ Petition has been filed for a Writ of Prohibition, restraining the respondents from interfering with the admission of female students in the petitioner College.
2. According to the learned Counsel for the petitioner, originally, the petitioner College was started as a gents college and later they started inducting the women students from the academic year 2012-2013 onwards. For admitting the women students, a show cause notice was issued by the third respondent herein, by an order, dated 19.04.2013. Apprehending that some action would be initiated as against the petitioner College, for admitting the women students, the present writ petition has been filed.
3. The learned Government Advocate appearing for the second respondent herein brought to the notice of the Court that the second 2/6
respondent had already recommended for converting the petitioner College as a Co-Education College from the academic year 2012-2013 onwards. The said recommendation is pending before the first respondent herein under active consideration. The Joint Secretary to the Government had also filed a counter. Paragraph Nos.5 and 6 of the counter are extracted as follows:
"5. I further respectfully submit that the request of the petitioner viz., the Secretary, Rajapalayam Raju's College to convert the college from Gents College to Co-Education College from 2012-2013 is under active consideration of the Government and that the above mentioned process, even if expedited, cannot be completed within a week. I respectfully submit that the orders in circulation have to be obtained in this matter and the entire process may take atleast 2 - 3 weeks to get completed. I respectfully submit further that the approval of the Higher Authorities is very much essential for issuing final orders in this matter and that the approval on the same is being undertaken by the Government for passing orders on the above request of the Petitioner.
6. I henceforth respectfully submit that necessary steps are being taken by the Government in Higher Education 3/6
Department towards implementation of the request of the petitioner's college to convert Rajapalayam Raju's Gents College to Co-Education College from the year 2012-2013 considering the future and the benefit of Women's Students and that the entire process may take atleast 3 weeks time for issuance of final orders."
4. In view of the above said counter filed by the Joint Secretary to Government, Higher Education Department, the apprehension of the writ petitioner does not survive as on today. This Court hopes that orders will be passed by the first respondent herein within a period of eight (8) weeks from the date of receipt of a copy of this order.
5. With the above said observations, the writ petition stands disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petition stands closed.
17.11.2022 Index :
Yes / No Internet :
Yes / No btr 4/6
To 1.The Secretary, The State of Tamil Nadu, Department of Higher Education, Fort St. George, Chennai-600 006.
2.The Director of Collegiate Education, College Road, Chennai-600 006.
3.The Joint Director of Collegiate Education, Madurai Region, Madurai-625 020.
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R.
VIJAYAKUMAR , J.
btr Order made in 17.11.2022 6/6