Madras High Court
N.P.R. College Of Engineering & ... vs Anna University on 22 August, 2022
W.P. No.21961 of 2022 & W.M.P. Nos. 20986 & 20987 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.08.2022
CORAM:
THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE
W.P.No.21961 of 2022
&
W.M.P. Nos. 20986 & 20987 of 2022
N.P.R. College of Engineering & Technology
represented by itsPrincipal,
Punnapati Village,
Ulupakudi, Natham
Dindigul District 624 401 ...Petitioner
..Vs..
1. Anna University
represented by its Registrar
Chennai 600 025.
2. Centre for Academic Courses
represented by its Director,
Anna University,
Chennai 600 025.
3. University Grants Commission,
represented by its Secretary,
Bahadur Shah Zafar Marg,
New Delhi 110 002 ...Respondents
Prayer: Writ Petition filed under Article 226 of Constitution of India,
praying to issue a Writ of Certiorarified Mandamus or any other
appropriate writ, order or direction in the nature of writ calling for the
records of the 1st respondent ending with its letter
No.3328/AU/CAC/Autonomous/2022 dated 13.06.2022 and quash the
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W.P. No.21961 of 2022 & W.M.P. Nos. 20986 & 20987 of 2022
same and consequently direct the University Grants commission, the 3rd
respondent herein, to consider the application of the Petitioner dated
04.05.2022 for conferment of autonomous status in the light of the order of
this Hon'ble Court in W.P. No.16091 of 2022.
For Petitioner : Mr. Muthumani Doraisami
For R1 : Mr.V. Meenakshi Sundaram
For R3 : Mr. Rabu Manohar, SCGC
ORDER
This writ petition has been filed challenging the letter
No.3328/AU/CAC/Autonomous/2022, dated 13.06.2022, rejecting the
petitioner's application dated 04.05.2022 seeking for grant of fresh
autonomous status for the academic year 2022-23 and also for a direction
to the 3rd respondent to consider the application of the Petitioner dated
04.05.2022 for conferment of autonomous status in the light of the order of
this Hon'ble Court in W.P. No.16091 of 2022.
2. According to the petitioner, they had applied for autonomous
status with the second respondent on 04.05.2022. According to the
petitioner, based on the invalid guidelines, the 1st respondent has rejected
their application dated 04.05.2022.
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W.P. No.21961 of 2022 & W.M.P. Nos. 20986 & 20987 of 2022
3. Heard Mr.Muthumani Dorasami, learned counsel for the
petitioner; Mr.V.Meenakshisundaram, learned Standing counsel for the 1st
respondent and Mr.B.Rabu Manohar, learned Senior Central Government
Standing Counsel for the 3rd respondent.
4. Learned counsel for the petitioner would submit that the
guidelines framed by the 1st respondent which is the basis of its rejection
has been declared to be invalid by orders of this Court dated 06.09.2021 in
W.P. Nos.14351 & 14353 of 2021. He relied upon paragraph 20 of the
said judgment which reads as follows:
20. In view of the above discussion, the award of
extension of autonomous status guidelines formulated by the
syndicate in the meeting held on 09.11.2018 does not have
the status of a statute and consequently does not have the
force of law. The first issue is answered accordingly.
5. Therefore, according to him, the 3rd respondent has to
independently make its assessment and thereafter decide as to whether the
petitioner institution is eligible for autonomous status or not and the said
assessment should not be based on invalid guidelines of the University as
the said guidelines has been declared as invalid by the orders of this Court
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W.P. No.21961 of 2022 & W.M.P. Nos. 20986 & 20987 of 2022
referred to supra.
6. Learned standing counsel for the 3rd respondent on instructions
would submit that the petitioner has not satisfied the mandatory
requirement for students enrollment which stipulates 60% whereas the
petitioner institution has got only 48.61% and in respect of pass percentage
of students which has to be 70% but instead the petitioner institution pass
percentage is only 65.14%.
7. Without going into the merits of the respective contentions with
regard to the eligibility of the petitioner institution to be declared as an
autonomous institution, this Court is of the considered view that no
prejudice would be caused to the 3rd respondent, if the petitioner's
application seeking to declare them as an autonomous college is
considered afresh and independently on merits and in accordance with
law.
8. For the foregoing reasons, this Court permits the petitioner to
submit the documents/orders before the 3rd respondent in support of their
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W.P. No.21961 of 2022 & W.M.P. Nos. 20986 & 20987 of 2022
request for autonomous and this Court also directs the 3rd respondent to
consider afresh and independently the petitioner's application dated
04.05.2022 seeking for declaration of the petitioner as an autonomous
institution and pass final orders on merits and in accordance with law after
affording a fair hearing to the petitioner within a period of six weeks from
the date of receipt of a copy of this order.
9. Since the 3rd respondent is the competent authority to grant
autonomous status to the petitioner and in view of the fact that the
direction has been issued to them to make an independent assessment of
the petitioner institution, the question of quashing of the impugned order
issued by the first respondent will not arise.
10. With the aforesaid direction, this writ petition is disposed of. No
costs. Consequently, connected miscellaneous petitions are closed.
22.08.2022
Index: Yes/No
Internet: Yes/No
Speaking Order/Non~Speaking Order
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W.P. No.21961 of 2022 & W.M.P. Nos. 20986 & 20987 of 2022
bga
To
1. Anna University
represented by its Registrar
Chennai 600 025.
2. Centre for Academic Courses
represented by its Director,
Anna University,
Chennai 600 025.
3. University Grants Commission,
represented by its Secretary,
Bahadur Shah Zafar Marg,
New Delhi 110 002
https://www.mhc.tn.gov.in/judis
W.P. No.21961 of 2022 & W.M.P. Nos. 20986 & 20987 of 2022
ABDUL QUDDHOSE, J.
Bga
W.P.No.21961 of 2022
&
W.M.P. Nos. 20986 & 20987 of 2022
22.08.2022
https://www.mhc.tn.gov.in/judis
