Immanuel Arasar International Institute Of Science And Technology Educational And Charitable Trust, v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.08.2025
CORAM:
THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P.(MD)Nos.18324 and 18325 of 2025 Immanuel Arasar International Institute of Science and Technology Educational and Charitable Trust, Rep. by Managing Trustee, SG Hospital Campus Old Theatre Junction, Pammam, Marthandam - 629 165, Kanyakumari District.
... Petitioner -vs1.The State of Tamil Nadu, Rep. by its Principal Secretary, Department of Higher Education, Fort St. George, Chennai - 600009.
2.The All India Council for Technical Education, Rep. by its Director, Nelson Mandela Marg, Vansanthkunj, New Delhi - 110070.
3.The Regional Officer, All India Council for Technical Education, Sastri Bhavan, No.26, Haddows Road, Chennai - 600006.
4.The Director of Technical Education, Guindy, Chennai - 600025.
5.The Anna University, Rep. by its Registrar, Sardar Patel Road, Chennai - 600025.
6.The Director (Affiliation), Centre for Affiliation of Institutions, Anna University, Chennai-600025.
... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order issued by the fifth respondent Anna University in Lr.No. 390/CAI/AU/2025 dated 31.07.2025 suspending the affiliation of 8 Courses in the petitioner College viz. (i) B.E.Civil Engineering, (ii) B.E. Mechanical Engineering, (iii) B.Tech Agricultural Engineering, (iv) M.B.A. Master of Business Administration, (v) M.E.Applied Electronics, (vi) M.E. CAD/CAM, (vii) M.E.Computer Science and Engineering, and (viii) M.E. Structural Engineering, quash the same and further direct the fifth respondent herein to extent affiliation to the said Courses in the petitioner's College for the academic year 2025-2026.
For Petitioner : Mr.K.Ragatheesh Kumar for M/s.Isaac Chambers For R1 and R4 : Mr.P.T.Thiraviam Government Advocate
For R2 and R3 : Mr.N.Dilip Kumar Standing Counsel For R5 and R6 : Mr.J.John Rajadurai Standing Counsel
ORDER
This Writ Petition is taken up for final disposal at the admission stage itself, after dispensing with the requirement of filing a counter-affidavit
2. In this Writ Petition, the petitioner has challenged the impugned suspension order dated 31.07.2025, issued by the fifth respondent, whereby the affiliation granted to the petitioner has been suspended in respect of eight different courses, the details of which are as follows:- Sl.No.
Name of the Programme Intake sought (2025 - 26) Deficient component (s) B.E. Civil Engineering Overall faculty / facilities not sufficient B.E. Mechanical Engineering Overall faculty / facilities not sufficient B.Tech. Agricultural Engineering Deficiency in Engineering faculty. Overall faculty / facilities not sufficient.
M.B.A. Master of Business Administration Deficiency in Engineering / M.B.A. faculty. Professor or Associate Professor with Ph.D.
qualification not available as required by AICTE.
Overall faculty / facilities not sufficient M.E. Applied Electronics Professor or Associate Professor with Ph.D.
qualification not available, as required by AICTE.
Overall faculty / facilities not sufficient M.E.CAD/CAM Professor or Associate Professor with Ph.D.
qualification not available, as required by AICTE.
Overall faculty / facilities not sufficient M.E. Computer Science and Engineering Professor or Associate Professor with Ph.D.
qualification not available as required by AICTE M.E. Structural Engineering Professor or Associate Professor with Ph.D.
qualification not available, as required by AICTE
3. The learned counsel for the petitioner submits that the total intake capacity has been erroneously considered for arriving at the conclusion that the petitioner institution was inadequately staffed. It is further submitted that, out of the 18 courses for which the petitioner had obtained affiliation, the affiliation has
been suspended in respect of 8 courses [comprising 3 Undergraduate (U.G.) courses and 5 Postgraduate (P.G.) courses], as detailed above.
4. The learned counsel also submits that, while the overall sanctioned intake is 2292, the actual student strength is only 189 students, which includes 184 students in U.G. courses and 5 students in P.G. courses. The institution currently has approximately 163 faculty members.
5. It is further submitted that the issue at hand is now covered by an order of this Court dated 19.08.2025 in W.P.(MD)No.22167 of 2025 [The Principal, Arul Tharum VPMM College of Engineering and Technology, V.P.M. Nagar, Krishnankovil, Srivilliputtur, Virudhunagar District v. The State of Tamil Nadu, Rep. by its Principal Secretary, Department of Higher Education and others], wherein this Court has observed as follows:- ''9. Having considered the rival submissions and the factual circumstances, it is noted that only 96 students are presently enrolled against a sanctioned intake of 1,536 [1,440 for U.G. Course and 96 for P.G. Course]. It is also noted that 71 faculty members are reportedly on roll. The issue of faculty deficiency appears to have been assessed based on the total sanctioned intake rather than the actual student strength. Hence, this aspect requires reconsideration.
10. As regards the qualification of the Principal, while the Centre for Affiliation of Institutions, Anna University, prescribes certain additional requirements (such as guiding two Ph.D. scholars and publishing in approved journals), such requirements may be considered directory rather than mandatory, unless it is shown that the absence of such qualifications would adversely affect the quality of education or the degrees to be conferred by the institution. Desirability alone cannot render an existing appointment invalid.
11. In view of the above observations, the impugned order of the fifth respondent is quashed, and the matter is remitted back to the fifth respondent for reconsideration, after affording the petitioner an opportunity of being heard. The impugned communication shall be treated as a show cause notice to the petitioner.
12. The petitioner is directed to submit a comprehensive reply within two weeks from the date of receipt of a copy of this order. Upon receipt of the reply, the fifth respondent shall pass a fresh order on merits within four weeks thereafter, after affording the petitioner a personal hearing.
13. The Writ Petition is disposed of accordingly. No costs. Consequently, connected Miscellaneous Petitions are closed.''
6. The learned Government Advocate for the respondents 1 and 4, as well as the learned Standing Counsel for the respondents 5 and 6, confirm that the issue is covered by the decision of this Court dated 19.08.2025 in W.P.(MD)No. 22167 of 2025 [cited supra].
7. In view of the same, the impugned order is quashed, and the matter is remitted back to the fifth respondent for passing a fresh order, taking into account the observations made by this Court in the aforementioned decision. This exercise shall be completed within a period of two weeks from the date of receipt of a copy of this order.
8. Accordingly, the Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed. NCC : Yes / No 26.08.2025 Index : Yes / No smn2 To:- 1.The Principal Secretary, State of Tamil Nadu, Department of Higher Education, Fort St. George, Chennai - 600009.
2.The Director, All India Council for Technical Education, Nelson Mandela Marg, Vansanthkunj, New Delhi - 110070.
3.The Regional Officer, All India Council for Technical Education, Sastri Bhavan, No.26, Haddows Road, Chennai - 600006.
4.The Director of Technical Education, Guindy, Chennai - 600025.
5.The Registrar, Anna University, Sardar Patel Road, Chennai - 600025.
6.The Director (Affiliation), Centre for Affiliation of Institutions, Anna University, Chennai-600025.
C.SARAVANAN , J.
smn2 W .P.(MD)No.23316 of 2025 26.08.2025