Immanuel Arasar International v. The Union Of India

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.12.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and M.P(MD)Nos.1 & 2 of 2015 Immanuel Arasar International Institute of Science and Technology Educational and Charitable Trust, Rep. by Managing Trustee Dr.Sam G. Jeba Joseline, SG Hospital Campus, Old Theatre Junction, Pammam, Marthandam, Kanyakumari District.

...Petitioner

Vs.

1.The Union of India Rep. by its Secretary, Ministry of Shipping, Road Transport & Highways (Department of Shipping) Transport Bhawan, 1, Sansad Marg, New Delhi - 110 001.

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2.The Director General of Shipping, Office of Directorate General of Shipping, Jahaz Bhavan, W H Marg, Mumbai - 400 001.

3.The Assistant Director General of Shipping, Office of the Directorate General of Shipping, Jahaz Bhavan W H Marg, Mumbai - 400 001.

4.The Deputy Director General of Shipping, Office of the Directorate General of Shipping, Jahaz Bhavan W H Marg, Mumbai - 400 001.

5.All India Council For Technical Education, 7th Floor, Chanderlok Building, Janpath, New Delhi - 110 001.

Rep. by its Member Secretary 2/8

6.The Southern Regional Officer All India Council For Technical Education, Shastri Bhavan, 26, Haddows Road, Nungambakkam, Chennai - 600 006.

7.The Indian Maritime University, Rep. by its Registrar, East Coast Road, Uthandi, Chennai - 600 119.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned proceeding issued by the third respondent Assistant Director in No.ZTR-TAR/1(12)/2012 dated 15.05.2012 and the sequential proceeding issued by the fourth respondent Deputy Director in TR/CIR/6(7)/2012 dated 18.06.2012 (Training Circular No.4 of 2012) and the consequential proceeding issued by the third respondent Assistant Director in TR/CIR/6(7)/2012 3/8

dated 16.06.2014, quash the same, and further direct the respondents 2 to 7 herein to give approval forthwith to the petitioner for starting the B.E., Degree course in Marine Engineering from the forthcoming academic year.

For Petitioner : Mr.T.Cibi Chakraborthy For Respondents : Mrs.S.Ragaventhre, - for R1 to R4 Central Government Standing Counsel Mr.N.Dilip Kumar - for R5 & R6 Mr.K.Srinivasamurthy - for R7

O R D E R

The petitioner - Engineering College has filed this Writ Petition by challenging the proceedings of the third respondent, dated 15.05.2012. By the impugned proceedings, the third respondent has issued a prohibitory order for establishment of new Marine Engineering Courses.

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2. The learned Central Government Standing Counsel for the respondents 1 to 4 submits that the prohibitory orders are now lifted and therefore, nothing survives in this Writ Petition. In this regard, a letter has also been circulated. The same is placed on record.

3. In view of the same, this Writ Petition is closed. Since the prohibitory order has already been lifted, it is always open to the petitioner to approach the respondents by filing a fresh application and in the event, if the petitioner fulfills the other requirements, the respondents shall consider the same and take a decision. No costs. Consequently, connected miscellaneous petitions are closed. 05.12.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No RM 5/8

To 1.The Secretary, Union of India Ministry of Shipping, Road Transport & Highways (Department of Shipping) Transport Bhawan, 1, Sansad Marg, New Delhi - 110 001.

2.The Director General of Shipping, Office of Directorate General of Shipping, Jahaz Bhavan, W H Marg, Mumbai - 400 001.

3.The Assistant Director General of Shipping, Office of the Directorate General of Shipping, Jahaz Bhavan W H Marg, Mumbai - 400 001.

4.The Deputy Director General of Shipping, Office of the Directorate General of Shipping, Jahaz Bhavan W H Marg, Mumbai - 400 001.

5.Member Secretary, All India Council For Technical Education, 7th Floor, Chanderlok Building, Janpath, New Delhi - 110 001.

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6.The Southern Regional Officer All India Council For Technical Education, Shastri Bhavan, 26, Haddows Road, Nungambakkam, Chennai - 600 006.

7.The Registrar, Indian Maritime University, East Coast Road, Uthandi, Chennai - 600 119.

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B.PUGALENDHI, J.

RM Order made in 05.12.2023 8/8