Madras High Court
Alamelu Ammaal Educational Trust vs University Grants Commission on 22 June, 2022
W.P.No.15503 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.06.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.No.15503 of 2022
Alamelu Ammaal Educational Trust,
No.24/2, Q Block, 17th Street,
Annanagar Chennai – 600 040.
Established and Administering
JNN Institute of Engineering
Ushaa Garden, 90, Kannigaipair Village,
Uthukottai Taluk,
Thiruvallur District, Tamil Nadu 601 102.
Rep by its Chairman
S.Jayachandran ... Petitioner
vs.
1.University Grants Commission,
Represented by its Secretary,
Bahadur Shah Zafar Marg,
New Delhi – 110 002.
2.The Registrar,
Anna University,
Sardar Patel Road,
Chennai – 600 025. ...Respondents
Prayer: Writ petition filed under Article 226 of the Constitution of India
for writ of Mandamus directing the first respondent University Grants
Commission to pass order on the application of the petitioner college for
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W.P.No.15503 of 2022
grant of Fresh Autonoumous Status for the academic year 2022-23 dated
21.02.2022 received on 24.02.2022 independently and uninfluenced by the
letter of rejection of the second respondent University dated 21.03.2022
based on invalid Guidelines of the University not served on the petitioner as
required under the UGC Regulation 2018.
For Petitioner : Mr.G.Masilamani,
Senior Advocate
for Mr.D.Prabhu Mukunth Arun Kumar
For Respondent 1 : Mr.Rabu Manohar
For Respondent 2 : Mr.V.Meenakshi Sundaram
ORDER
This writ petition has been filed for a mandamus seeking for a
direction to the first respondent to pass orders on the application submitted
by the petitioner college for grant of fresh autonomous status for the
academic year 2022-23 independently uninfluenced by the letter of rejection
of the second respondent University dated 21.03.2022.
2. Mr.Rabu Manohar, learned counsel accepts notice on behalf of the
first respondent and Mr.V.Meenakshi Sundaram, learned counsel accepts
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W.P.No.15503 of 2022
notice on behalf of the second respondent. By consent of both parties, this
writ petition is taken up for final disposal in the admission stage itself.
3. According to the petitioner, they had applied for autonomous status
with the first respondent on 21.02.2022 and the said application was
received by the first respondent on 24.02.2022. According to them, they
came to know that the second respondent University by a recommendation
letter dated 21.03.2022 has informed the first respondent that the petitioner
is not entitled for autonomous status. According to the petitioner, based on
the invalid guidelines, the said recommendation was made by the second
respondent University to the first respondent.
4. Heard Mr.G.Masilamani, learned Senior Counsel representing
Mr.D.Prabhu Mukunth Arun Kumar, learned counsel for the petitioner,
Mr.Rabu Manohar, learned counsel for the first respondent and
Mr.V.Meenakshi Sundaram, learned counsel for the second respondent.
5. Mr.G.Masilamani, learned Senior Counsel for the petitioner would
submit that the guidelines framed by the second respondent which is the
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W.P.No.15503 of 2022
basis of its recommendation to the first respondent has been declared to be
invalid by orders of this Court dated 06.09.2021 in W.P.No.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
syndicae 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.”
6. Therefore, according to him, the first respondent has to
independently make this assessment and thereafter decide as to whether the
petitioner institution is eligible for autonomous status or not and they should
not be influenced by the letter of rejection of the second respondent
University dated 21.03.2022 which according to him has been based on
invalid guidelines of the University as the said guidelines has been declared
as invalid by the orders of this Court referred to supra.
7. Mr.Rabu Manohar, learned standing counsel for the first
respondent has placed before this Court, the written instructions which he
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W.P.No.15503 of 2022
has received from the first respondent who has pointed out that the
petitioner has not satisfied the mandatory requirement of 60% enrolment of
students for the first years (average of the last three years) and has also not
satisfied that the pass percentage of students which has to be 70% but
instead the petitioner institution's pass percentage is only 46.95% in the
tabular column of the written instruction. However, the same is disputed by
the learned Senior Counsel for the petitioner on instructions.
8. Without going into the merits of the respective contentions with
regard to the eligibility of the petitioner's institution to be declared as an
autonomous institution, this Court is of the considered view that no
prejudice would be caused to the respondents if the petitioner's application
seeking to declare them as an autonomous college is considered on merits
and in accordance with law after affording a fair hearing to the petitioner,
uninfluenced by the letter of rejection of the second respondent University
dated 21.03.2022 which has been passed based on invalid guidelines
declared by this Court in its order dated 06.09.2021 passed in
W.P.Nos.14351 & 14353 of 2021.
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W.P.No.15503 of 2022
9. For the foregoing reasons, this Court directs the first respondent to
pass final orders on the petitioner's application dated 21.02.2022 which was
received by the first respondent on 24.02.2022 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
independently and uninfluenced by the letter of rejection by the second
respondent University on 21.03.2022 within a period of six weeks from the
date of receipt of a copy of this order.
10. With the aforesaid direction, this writ petition is disposed of. No
costs.
22.06.2022
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Index:Yes/No
Internet:Yes/No
Speaking/Non-speaking orders
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W.P.No.15503 of 2022
To
1.University Grants Commission,
Represented by its Secretary,
Bahadur Shah Zafar Marg,
New Delhi – 110 002.
2.The Registrar,
Anna University,
Sardar Patel Road,
Chennai – 600 025.
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W.P.No.15503 of 2022
ABDUL QUDDHOSE, J.
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W.P.No.15503 of 2022
22.06.2022
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