Madras High Court
Priya Nisha vs The State Of Tamil Nadu on 22 August, 2023
WP No.4602 of 2006
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.08.2023
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
WP No.4602 of 2006
Priya Nisha : Petitioner
versus
1.The State of Tamil Nadu,
rep. By its Education Secretary,
Fort St.George, Chennai
2.Consortium of Self-Financing
Professional Colleges in Tamil Nadu,
rep. By its President, Jeppiaar
No.29, Ganapathy Street, Royapettah, Chennai
3.Tamil Nadu Private Professional colleges,
(Health Sciences) Association,
rep. By its President CR Swaminathan
No.15, 1st Floor, 2nd Main Road, New Colony
Chrompet, Chennai
4.All India Mediacal & Engineering Colleges Association
rep. By its President TD Naidu
No.5510, H Block, 1st Street, 12th Main Road,
Anna Nagar, Chennai 40
5.Justice Subramanian committee for Entrance Test,
rep. By its Member Secretary,
New Judges' Bungalow Colony,
Greenways Road, Chennai.
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WP No.4602 of 2006
6.Justice Raman Committee for Fee-Fixation,
rep. By its Member Secretary,
New Judges' Bungalow Colony,
Greenways Road, Chennai.
7.The Union of India,
rep. By its Secretary,
Ministry of Law, Justice & Company Affairs
4th Floor, Shastri Bhavan, New Delhi
8.The Registrar,
Annamalai University,
Annamalai Nagar, Chidambaram
9.The Director,
Central Bureau of Investigation,
Lodhi Road, New Delhi
10.The Chairman
University Grants Commission,
Bahadur Shah Zafar Marg,
New Delhi : Respondents
Prayer: Petition filed under Article 226 of the Constitution of India for issuance of
a Writ of Declaration proclaiming the exemption of deemed universities the 8th
respondent university from the purview of the common entrance test directed to
be overseen by the 5th respondent committee as being illegal and contemptuous
of the Supreme Court, and if need be, to declare Section 3 of the UGC Act,
1956, as ultra vires Article 14 of the Constitution, and in the event of the
managements of the private colleges/deemed universities/8th respondent
University, disagreeing among themselves to hold a common entrance test, as
per the Supreme Court's directives & checks, then, to direct that admissions to
professional courses for the year 2006-07 shall be made on the basis of the
entrance test to be conducted by the Government of Tamil Nadu (as per para 16
of the Islamic Academy case)
(b) call for a report from respondents 5 and 1 as to what action was taken by
them pursuant to the public notice & press briefings issued by the 5 th respondent
on 29.09.2005 and issue such directions as may be necessary to ensure that,
(1)Application forms for the conduct of the common entrance test conducted by
the private managements are sold at such public places & Government Order
offices as this Court may notify
(2)Issue such directions as may be necessary to ensure monitoring of the
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WP No.4602 of 2006
examination process by representatives of such Governmental and parent
bodies and in such manner, as this Court may deem fit, in order to give effect to
the directions of the Supreme Court, so as to ensure that the rigging of the
entrance test as was done in the past three years is not repeated this year as
well
(3)And a consequential writ of Mandamus directing the said respondents 5 and 1
to investigate the examination scandal disclosed by the 5 th respondent in his
notification dated 29.09.2005 and invoke the provisions of the TN Prohibition of
Capitation Fee Act, 1992 r/w the directions issued by the Supreme Court in para
16 of its judgment in the Islamic Academy case, against the institutions that
indulged in the malpractices disclosed by Justice Subramanian Committee.
(4)besides directing the 9th and 10th respondents to initiate criminal prosecution
and closure of the fake universities listed-out by the University Grants
Commission for the past 10 years.
For the Petitioner : No appearance
For the 1st Respondent : Mr.P.Muthukumar,
State Government Pleader
No appearance : For respondents 2 to 4, 7 to 10
ORDER
(Made by the Hon'ble Chief Justice)
On 14.08.2023, when the matter was called out, there was no
representation on behalf of the petitioner. We adjourned the matter to
22.08.2023, with an observation that if on the next date none appears for the
petitioner, the matter would be dismissed. Today also none appears for the
petitioner.
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WP No.4602 of 2006
2. The writ petition as such is dismissed for non-prosecution. There will be
no order as to costs. Consequently, WPMP Nos.10881 & 7308 of 2006 are
closed.
(S.V.G., CJ.) (P.D.A., J.)
22.08.2023
Index : Yes/No
Neutral Citation : Yes/No
tar
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WP No.4602 of 2006
To
1.The Education Secretary,
Fort St.George, Chennai
2.The Secretary,
Ministry of Law, Justice & Company Affairs
4th Floor, Shastri Bhavan, New Delhi
3.The Registrar,
Annamalai University,
Annamalai Nagar, Chidambaram
4.The Director,
Central Bureau of Investigation,
Lodhi Road, New Delhi
5.The Chairman
University Grants Commission,
Bahadur Shah Zafar Marg,
New Delhi
https://www.mhc.tn.gov.in/judis
WP No.4602 of 2006
THE HON'BLE CHIEF JUSTICE
AND
P.D.AUDIKESAVALU, J.
(tar)
WP No.4602 of 2006
22.08.2023
https://www.mhc.tn.gov.in/judis
