Madras High Court
Vels Institute Of Science vs The Secretary To Government on 18 May, 2022
W.A.SR.No.50456 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.05.2022
CORAM :
THE HON'BLE MR. JUSTICE S.M.SUBRAMANIAM
AND
THE HON'BLE MR. JUSTICE J.SATHYA NARAYANA PRASAD
W.A.SR.No.50456 of 2022
VELS Institute of Science, Technology &
Advanced Studies (VISTAS)
(Deemed to be University)
Rep. by its Registrar-In Charge
Dr.A.Udhayakumar
Velan Nagar, P.V.Vaithiyalingam Road,
Pallavaram, Chennai – 600 117. ... Appellant
Vs.
1.The Secretary to Government,
Department of Higher Education,
Ministry of Education, Govt. of India,
127-C Shastri Bhavan,
New Delhi-110 001.
2.The University Grants Commission,
Rep. by its Chairman,
Bahadur Shah Zafar Marg,
ITO Metro Gate Number 3, Road,
New Delhi-110 002. ... Respondents
Appeal filed under Clause 15 of the Letters Patent Act, praying to
set aside the order dated 26.04.2022 passed in W.P.No.26591 of 2021
and allow this Writ Appeal.
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W.A.SR.No.50456 of 2022
For Appellant : Mr.N.Murali Kumaran
for M/s.McGan Law Firm
For Respondents : Mr.B.Rabu Manohar
(for R2)
JUDGMENT
(Judgment was delivered by S.M.SUBRAMANIAM, J.)
This Appeal has been filed under Clause 15 of the Letters Patent to
set aside the order dated 26.04.2022 passed in W.P.No.26591 of 2021.
2. Perusal of the orders dated 29.03.2022 and 26.04.2022 reveal
that it is an adjournment granted by the Writ Court.
3. The learned counsel for the petitioner made a submission that
the UGC as per the Statute has to conduct inspection before the end of
academic year i.e July 2022 and submit a report to the Ministry of
Human Resource Development, Government of India. In view of the
urgency, the petitioner made a request for early disposal of the Writ
Petition and therefore, the adjournment caused prejudice to the interest of
the University Grants Commission to complete the inspection before the
end of the academic year i.e July 2022. Further, it is contended that it is a
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W.A.SR.No.50456 of 2022
statutory compliance to be made by the University Grants Commission
and further delay would cause prejudice to the interest of the students as
well as the University concerned.
4. Considering the facts and circumstances as well as the urgency
involved, we are inclined to request the learned Single Judge to dispose
of the matter as expeditiously as possible, preferably before the end of
the academic year i.e. July 2022. If at all any advance hearing petition is
filed by the petitioner, the same shall be considered for the purpose of
disposal of the Writ Petition.
5. However, it is made clear that Writ Appeal under Clause 15 of
the Letters Patent Act is not entertainable against an adjournment. Thus,
we are not inclined to entertain the Writ Appeal as it is not maintainable,
accordingly, W.A.Sr.No.50456 of 2022 is rejected. No costs.
[S.M.S.J.] [J.S.N.P.J.]
18.05.2022
Anu/Sgl
https://www.mhc.tn.gov.in/judis
W.A.SR.No.50456 of 2022
S.M.SUBRAMANIAM, J.
AND
J.SATHYA NARAYANA PRASAD, J.
Sgl/Anu
To
1.The Secretary to Government,
Department of Higher Education,
Ministry of Education, Govt. of India,
127-C Shastri Bhavan, New Delhi-110 001.
2.The Chairman,
The University Grants Commission,
Bahadur Shah Zafar Marg,
ITO Metro Gate Number 3, Road,
New Delhi-110 002.
W.A.Sr.No.50456 of 2022
18.05.2022
https://www.mhc.tn.gov.in/judis
