IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 04/04/2003
Coram
The Honourable Mr. B. SUBHASHAN REDDY, Chief Justice
and
The Honourable Mr. Justice D. MURUGESAN
W.A.M.P. No.5740 of 2002
5741, 5742, 5743, 5746, 5747, 5805, 5807, 5751, 5752, 5806,
5808, 5754, 5755, 5756 to 5763, 6390, 6353, 6576, 6577, 5764 ,
5766, 5770 to 5772, 5832 to 5834, 5847, 5848, 5864, 5865,
5890 to 5892, 5905 to 5907, 1030, 1031, 1069, 1070, 5737,
5738, 5292 to 5804 of 2002
in
W.A. Nos.3450, 3451, 3454, 3455, 3458 to 3460, 3462, 3463
to 3466, 3467, 3471, 3482 to 3494, 3508, 3515,
3527, 3542 and 3553 of 2002 and
W.P.M.P. Nos.1118, 1120, 1680 and 1712 of 2003
in W.P. Nos.907, 908, 1350 and 1380 of 2003.
W.A.No.3450 of 2002
Kannammal Educational Trust,
Rep. by its Chairman K.N.Ramachandran,
4/74, G.S.T.Road,
Vandalur, Chennai - 600 048. ..Appellant.
-Vs-
1. The Director of Technical Education,
Chennai - 600 025.
2. The Anna University,
Rep. by its Registrar,
S.P.Road,
Chennai - 600 025.
3. The State of Tamil Nadu,
Rep. by its Secretary,
Higher Education Department,
Fort St. George, Chennai - 600 009.
4. The All India Council for Technical Education,
Rep. by its Chairman,
Indira Gandhi Sports Complex,
Indira Prasth Estate,
New Delhi - 110 002. ..Respondents.
W.A.No.3451 of 2002
Aarthi Educational and Charitable Trust,
Rep. by its managing Trustee,
47-C, Kolikkalnatham Road, Vavithottam,
Thiruchengodu - 637 211. ..Appellant.
Vs.
1.The Director of Technical Education,
Chennai - 600 025.
2.Anna University,
rep. by its Registrar,
Chennai - 600 025.
3. Centre for Engineering Partnership,
rep. by its Director,
Centre for Affiliations,
Anna University,
Chennai - 600 025.
4. The Government of Tamil Nadu,
rep. by its Secretary,
Higher Education Department,
Chennai - 600 009.
5. All India Council for Technical Education,
rep. by its Chairman,
I.G.Sports Complex,
I.P. Estate,
New Delhi - 110 002. ..Respondents.
W.A.No.3454 of 2002
Paramasivam Palanisamy Charitable Trust,
Rep. by its Chairman Mr.K.Paramasivam,
128, Bhavani Road, Erode. ..Appellant.
Vs.
1. The Anna University,
Rep. by its Registrar,
S.P.Road,
Chennai - 600 025.
2. The Centre for Engineering Partnership,
rep. by its Director,
Anna University, Chennai - 600 025.
3. The Secretary,
Tamil Nadu Engineering Admissions,
Anna University,
Chennai - 600 025. ..Respondents.
W.A.No.3455 of 2002
Er.Perumal Manimekalai Telugu Minority
Educational & Charitable Trust,
Rep. by its Secretary & Trustee Mr.P.Kumar,
16/2, Vasantha Nagar, Bye-Pass Road,
Opp. To Arunagiri Complex, Hosur - 635 409.
Dharmapuri District. ..Appellant.
Vs.
1. The Anna University,
Rep. by its Registrar,
S.P.Road,
Chennai - 600 025.
2. The Centre for Engineering Partnership,
rep. by its Director,
Anna University, Chennai - 600 025.
3. The Secretary,
Tamil Nadu Engineering Admissions,
Anna University,
Chennai - 600 025. ..Respondents.
W.A.No.3458 of 2002
Sivaraja Ramalingam Trust,
Rep. by its Chairman and Managing Trustee
Mr.R.Thiagarajan,
No.12, I Street, III Floor, Nandanam Extension,
Chennai - 600 035. ..Appellant.
Vs.
1. The Anna University,
Rep. by its Registrar,
S.P.Road,
Chennai - 600 025.
2. The Centre for Engineering Partnership,
rep. by its Director,
Anna University, Chennai - 600 025.
3. The Secretary,
Tamil Nadu Engineering Admissions,
Anna University,
Chennai - 600 025. ..Respondents.
W.A.No.3459 of 2002
Narayana Guru International Institute of
Science & Technology Trust,
Chitadavu, Majalumoodu, Arumana,
Kanyakumari District - 629.
Rep. by its Managing Trustee. ..Appellant.
Vs.
1.The State of Tamil Nadu,
rep. by its Secretary,
Department of Higher Education,
Fort St. George, Chennai - 600 009.
2.The Director of Technical Education,
Chennai - 600 025.
3.The Anna University,
rep. by its Registrar,
Chennai - 600 025.
4.The Southern Regional Office,
All India Council for Technical Education,
Shastri Bhavan, 26 Haddows Road,
Chennai - 600 006.
Rep. by its Regional Director. ..Respondents.
W.A.No.3460 of 2002
VSB Educational Trust,
Rep. by its Chairman S.Balasamy,
258/204, Dharapuram Road,
Kangeyam, Erode District - 638 701. ..Appellant.
Vs.
1. The Anna University,
Rep. by its Registrar,
S.P.Road,
Chennai - 600 025.
2. The Centre for Engineering Partnership,
rep. by its Director, Centre for Affiliations,
Anna University, Chennai - 600 025.
3. The Secretary,
Tamil Nadu Engineering Admissions,
Anna University,
Chennai - 600 025.
4. The Director of Technical Education,
Chennai - 600 025. ..Respondents.
W.A.No.3462 of 2002
S.N.R.Sons Charitable Trust,
395, Sarojini Naidu Road,
Siddhapudur, Coimbatore - 641 044.
Rep. by its Power Attorney Agent Mr.T.K.Ravi ..Appellant.
Vs.
1. The Anna University,
Rep. by its Registrar,
S.P.Road,
Chennai - 600 025.
2. State of Tamil Nadu,
rep. by its Secretary to Government,
Revenue Department,
Fort St.George,
Chennai - 600 009. ..Respondents.
W.A.No.3463 of 2002
Ayanavaram Educational Trust,
Rep. by its Trustee M.Kader Shah,
17, Officers' Colony,
Ayanavaram, Chennai - 600 023.. ..Appellant.
Vs.
1. The Anna University,
Rep. by its Registrar,
S.P.Road, Chennai - 600 025.
2. The Centre for Engineering Partnership,
rep. by its Director,
Centre for Affiliations,
Anna University, Chennai - 600 025.
3. The Secretary,
Tamil Nadu Engineering Admissions,
Anna University,
Chennai - 600 025.
4. The Director of Technical Education,
Chennai - 600 025. ..Respondents.
W.A.No.3464 of 2002
Rajiv Gandhi Memorial Educational Charitable Trust,
Rep. by its Managing Trustee V. Paramasivam
16-B, Rajarathinam Street, Kilpauk,
CHENNAI - 600 010.
Vs.
1. The Anna University,
Rep. by its Registrar,
S.P.Road, Chennai - 600 025.
2. The Centre for Engineering Partnership,
rep. by its Director,
Centre for Affiliations,
Anna University, Chennai - 600 025.
3. The Secretary,
Tamil Nadu Engineering Admissions,
Anna University,
Chennai - 600 025.
4. The Director of Technical Education,
Chennai - 600 025. ..Respondents.
W.A.No.3465 of 2002
K.T.A. & G.R.S. Educational Trust,
Rep. by its Chairman K.T.Anbazhagan,
18-A, Kattur Village, Pudupet Post,
Tirupattur Taluk, Vellore District. .Appellant.
Vs.
1. The Anna University,
Rep. by its Registrar,
S.P.Road, Chennai - 600 025.
2. The Centre for Engineering Partnership,
rep. by its Director,
Centre for Affiliations,
Anna University, Chennai - 600 025.
3. The Secretary,
Tamil Nadu Engineering Admissions,
Anna University,
Chennai - 600 025.
4. The Director of Technical Education,
Chennai - 600 025. ..Respondents.
W.A.No.3466 of 2002
Infant Jesus Educational Trust,
Rep. by its Managing Trustee B.Stephen,
6/1, Nattu Subbaraya Street,
Mylapore, Chennai - 600 004. ..Appellant.
Vs.
1. The Anna University,
Rep. by its Registrar,
S.P.Road, Chennai - 600 025.
2. The Centre for Engineering Partnership,
rep. by its Director,
Centre for Affiliations,
Anna University, Chennai - 600 025.
3. The Secretary,
Tamil Nadu Engineering Admissions,
Anna University,
Chennai - 600 025.
4. The Director of Technical Education,
Chennai - 600 025. ..Respondents.
W.A.No.3467 of 2002
Sri Padmavathi Balaji Educational Trust,
Rep. by its Managing Trustee Mr.G.Gowrishankar,
New No.5, Old No.27, Subramaniam Street,
Abhiramapuram, Chennai - 600 018.. ..Appellant.
Vs.
1.The Government of Tamil Nadu,
rep. by its Secretary to Govt.,
Higher Education Department,
Fort St.George, Chennai - 600 009.
2. The Director of Technical Education,
Chennai - 600 025.
3. The Anna University,
Rep. by its Registrar,
S.P.Road, Chennai - 600 025.
4. The Secretary,
Tamil Nadu Engineering Admissions,
Anna University,
Chennai - 600 025.
5. The Centre for Engineering Partnership,
rep. by its Director,
Centre for Affiliations,
Anna University, Chennai - 600 025.
..Respondents.
W.A.No.3471 of 2002
Sri Mudaliyambal Trust,
Rep. by its Managing Trustee Mr.Nagarajan,
No.1, Puthuvayal Road,
Pillai Thanneer Panthal,
Pudukkottai 622 001. ..Appellant.
Vs.
1. The Anna University,
Rep. by its Registrar,
S.P.Road, Chennai - 600 025.
2. The Centre for Engineering Partnership,
rep. by its Director,
Centre for Affiliations,
Anna University, Chennai - 600 025.
3. The Secretary,
Tamil Nadu Engineering Admissions,
Anna University,
Chennai - 600 025.
..Respondents.
W.A.No.3482 of 2002
1.The Anna University,
rep. by its Registrar,
S.P.Road, Chennai - 600 025.
2.Centre of Engineering Partnership,
rep. by its Director,
Centre for Affiliation,
Anna University,
Chennai - 600 025.
Vs.
1. Aarthi Educational and Charitable Trust,
Rep. by its managing Trustee,
47-C, Kolikkalnatham Road, Vavithottam,
Thiruchengodu - 637 211.
2.The Director of Technical Education,
Chennai - 600 025.
3. The State of Tamil Nadu,
rep. by its Secretary,
Higher Education Department,
Fort St. George, Chennai - 600 009.
5. All India Council for Technical Education,
rep. by its Chairman,
Indira Gandhi Sports Complex,
Indira Prasta Estate,
New Delhi - 110 002.
W.A.No.3483 of 2002
The Anna University,
rep. by its Registrar,
S.P.Road, Chennai - 600 025. ..Appellant.
Vs.
1.Vengammal Educational and Charitable Trust,
rep. by its Chairman G.G.Ravi,
2/1, Vaidya Vasudeva Street,
Saidapet, Vellore - 632 004.
2.The State of Tamil Nadu,
rep. by its Secretary,
Higher Education Department,
Fort St. George, Chennai - 600 009.
3.The Director of Technical Education,
Chennai - 600 025.
4. All India Council for Technical Education,
rep. by its Chairman,
Indira Gandhi Sports Complex,
Indira Prasta Estate,
New Delhi - 110 002. ..Respondents.
W.A.No.3484 of 2002
The Anna University,
rep. by its Registrar,
S.P.Road, Chennai - 600 025. ..Appellant
Vs.
1.Kannammal Educational Trust,
rep. by its Chairman
K.N.Ramachandran,
4/74, G.S.T. Road, Otteri,
Vandalur, Chennai - 600 048.
2.The Director of Technical Education,
Chennai - 600 025.
3.The State of Tamil Nadu,
rep. by its Secretary,
Higher Education Department,
Fort St. George, Chennai - 600 009.
4. All India Council for Technical Education,
rep. by its Chairman,
Indira Gandhi Sports Complex,
Indira Prasta Estate,
New Delhi - 110 002. ..Respondents
W.A.No.3485 of 2002
The Anna University,
rep. by its Registrar,
S.P.Road, Chennai - 600 025. ..Appellant
Vs.
1.Mathammal Sheela Trust,
rep. by its Managing Trustee
Mr.T.A.Palaniappa Devasahyam,
9, Madam Lane, South Car Street,
Tharamangalam, Omalur Taluk, Salem Dist.
2.The State of Tamil Nadu,
rep. by its Secretary,
Higher Education Department,
Fort St. George, Chennai - 600 009.
3.The Director of Technical Education,
Chennai - 600 025.
4. All India Council for Technical Education,
rep. by its Chairman,
Indira Gandhi Sports Complex,
Indira Prasta Estate,
New Delhi - 110 002. ..Respondents
W.A.No.3486 of 2002
The Anna University,
rep. by its Registrar,
S.P.Road, Chennai - 600 025. ..Appellant
Vs.
1.Panchaiyamman Ethirajammal Rajam
Mudaliyandan Educational Trust,
rep. by its Chairman, A.M.Velu Jambukulam Road,
Mel Venkatapuram, Sholingur, Vellore District.
2.The State of Tamil Nadu,
rep. by its Secretary,
Higher Education Department,
Fort St. George, Chennai - 600 009.
3.The Director of Technical Education,
Chennai - 600 025.
4. All India Council for Technical Education,
rep. by its Chairman,
Indira Gandhi Sports Complex,
Indira Prasta Estate,
New Delhi - 110 002. ..Respondents
W.A.No.3487 of 2002
The Anna University,
rep. by its Registrar,
S.P.Road, Chennai - 600 025. ..Appellant
Vs.
1.Jai Barath Charitable Trust,
31/37, Astalakshmi Gardens,
Besant Nagar, Chennai 600 090.
Rep. by its Managing Trustee Mr.A.Jeyamohan.
2.The State of Tamil Nadu,
rep. by its Secretary,
Higher Education Department,
Fort St. George, Chennai - 600 009.
3.The Director of Technical Education,
Chennai - 600 025.
4. All India Council for Technical Education,
rep. by its Chairman,
Indira Gandhi Sports Complex,
Indira Prasta Estate,
New Delhi - 110 002. ..Respondents
W.A.No.3488 of 2002
The Anna University,
rep. by its Registrar,
S.P.Road, Chennai - 600 025. ..Appellant
Vs.
V.P.Muthiah Pillai-Meenakshi Ammal Trust,
Rep. by its Managing Trustee
V.P.M.Shankar,
40, North Car Street,
Srivilliputhur 626 125,
Virudhunagar District. ..Respondent
W.A.No.3489 of 2002
The Anna University,
rep. by its Registrar,
S.P.Road, Chennai - 600 025. ..Appellant
Vs.
1.Madha Engineering College,
rep. by its Chairman S.Peter,
Kavanur, Kunrathur,
Chennai - 600 049.
2.The Director of Technical Education,
Chennai - 600 025. ..Respondents
W.A.No.3490 of 2002
1.The Anna University,
rep. by its Registrar,
S.P.Road, Chennai - 600 025.
2.The Secretary,
Tamil Nadu Engineering Admissions,
Anna University, Chennai - 25.
3.The Centre for Engineering Partnership,
rep. by its Director,
Centre for Affiliation,
Anna University,
Chennai - 600 025.
Vs.
1.Kannammal Educational Trust,
rep. by its Chairman K.N.Ramachandran,
4/74 GST Road, Otteri, Vandalur,
Chennai - 48.
2. The Government of Tamil Nadu,
rep. by its Secretary,
Higher Education Department,
Fort St. George, Chennai - 600 009.
2.The Director of Technical Education,
Chennai - 600 025.
W.A.No.3491 of 2002
The Anna University,
rep. by its Registrar,
S.P.Road, Chennai - 600 025. ..Appellant
Vs.
Sri S.N.S.Charitable Trust,
Rep. by its Chairman Mr.S.N.Subramanian,
14, VCS Nagar,
G.N.Mills Post,
Coimbatore - 641 029. ..Respondent
W.A.No.3492 of 2002
The Anna University,
rep. by its Registrar,
S.P.Road, Chennai - 600 025. ..Appellant
Vs.
1.Tirunelveli Diocese Trust Association,
C.S.I. rep. by its Bishop, Bishop Stows,
16, North Neighbourhood,
Palayamkottai, Tirunelveli District.
2.All India Council for Technical Education,
rep. by its Chairman,
Indira Gandhi Sports Complex,
Indira Prasta Estate,
New Delhi - 110 002.
3.The All India Council for Technical Education,
Southern Regional Office,
28, Haddows Road, Shastri Bhavan,
Chennai - 6.
4.The State of Tamil Nadu,
rep. by its Secretary to Govt.,
Higher Education Department,
Fort St. George, Chennai - 600 009.
5.The Director of Technical Education,
Chennai - 600 025.
..Respondents
W.A.No.3493 of 2002
1.The Anna University,
rep. by its Registrar,
S.P.Road, Chennai - 600 025.
2.The Secretary,
Tamil Nadu Engineering Admissions,
Anna University, Chennai - 25.
3.The Centre for Engineering Partnership,
rep. by its Director,
Centre for Affiliation,
Anna University, Chennai - 600 025.
Vs.
1.Kannammal Educational Trust,
rep. by its Chairman K.N.Ramachandran,
4/74 GST Road, Otteri, Vandalur,
Chennai - 48.
2. The Government of Tamil Nadu,
rep. by its Secretary,
Higher Education Department,
Fort St. George, Chennai - 600 009.
2.The Director of Technical Education,
Chennai - 600 025. ..Respondents.
W.A.No.3494 of 2002
The Anna University,
rep. by its Registrar,
S.P.Road, Chennai - 600 025. ..Appellant.
Vs.
1.Madha Engineering College,
rep. by its Chairman,
Kunrathur, Chennai - 600 049.
2.The Director of Technical Education,
Guindy, Chennai - 600 025. ..Respondents.
W.A.No.3508 of 2002
Annai Ammani Ammal Educational and
Charitable, rep. by its Managing Trustee
Dr.Shivanraj
37/38, Pulla Avenue, Shenoy Nagar,
Chennai - 600 035. ..Appellant.
Vs.
1. The Anna University,
Rep. by its Registrar,
S.P.Road, Chennai - 600 025.
2. The Centre for Engineering Partnership,
rep. by its Director,
Centre for Affiliations,
Anna University, Chennai - 600 025.
3. The Secretary,
Tamil Nadu Engineering Admissions,
Anna University,
Chennai - 600 025.
..Respondents.
W.A.No.3515 of 2002
Swamy Educational Trust,
Rep. by its Managing Trustee
Tmt.N.Vallikannu,
4-A, I Main Road,
New Colony, Chrompet,
Chennai. ..Appellant.
Vs.
1. The Anna University,
Rep. by its Registrar,
S.P.Road, Chennai - 600 025.
2. The Centre for Engineering Partnership,
rep. by its Director,
Centre for Affiliations,
Anna University, Chennai - 600 025.
3. The Secretary,
Tamil Nadu Engineering Admissions,
Anna University,
Chennai - 600 025.
4.The Director of Technical Education,
Chennai - 600 025.
..Respondents.
W.A.No.3527 of 2002
R.V.Educational Trust,
Rajakkamangalam West Junction,
Rajakkamangalam Post,
Kanyakumari District 629 502.
Rep. by its Managing Trustee. ..Appellant.
Vs.
1. The Anna University,
Rep. by its Registrar,
S.P.Road, Chennai - 600 025.
2.The State of Tamil Nadu,
rep. by its Secretary to Government,
Higher Education Department,
Fort St.George, Chennai - 600 009.
3.The Director of Technical Education,
Chennai - 600 025.
4. The Secretary,
Tamil Nadu Engineering Admissions,
Anna University,
Chennai - 600 025.
2. The Director,
Centre for Engineering Partnership,
Centre for Affiliations,
Anna University, Chennai - 600 025.
..Respondents.
W.A.No.3542 of 2002
Asan Memorial Association,
Cochin House,
Anderson Road,
Chennai - 8.
Rep. by its General Secretary Sri A.K.Gopalan. ..Appellant.
Vs.
1. The Anna University,
Rep. by its Registrar,
S.P.Road, Chennai - 600 025.
2. The Centre for Engineering Partnership,
rep. by its Director,
Centre for Affiliations,
Anna University, Chennai - 600 025.
3. The Secretary,
Tamil Nadu Engineering Admissions-2002,
Anna University, Guindy,
Chennai - 600 025.
4.The Director of Technical Education,
Guindy, Chennai - 600 025.
..Respondents.
W.A.No.3553 of 2002
Sri Jayaram Educational Trust,
Rep. by its Managing Trustee Mr.J.Sekar,
No.78, II Street, Seetharam Nagar,
Cuddalore - 607 001. . ..Appellant.
Vs.
1. The Anna University,
Rep. by its Registrar,
S.P.Road, Chennai - 600 025.
2. The Centre for Engineering Partnership,
rep. by its Director,
Centre for Affiliations,
Anna University, Chennai - 600 025.
3. The Secretary,
Tamil Nadu Engineering Admissions-2002,
Anna University, Guindy,
Chennai - 600 025.
..Respondents.
W.P. No.907 of 2003
Rajalakshmi Educational Trust,
rep. by its Trustee P.A. Ramakrishnan,
K-67, Anna Nagar East,
CHENNAI - 600 102 ... Petitioner
Vs.
1. Anna University,
rep. by its Registrar,
CHENNAI - 600 025.
2. The Government of Tamil Nadu,
rep. by its Secretary,
Higher Education Department,
Fort St. George,
CHENNAI - 600 009. ... Respondents
W.P. No.908 of 2003
P.G.P. Educational and Welfare Society,
rep. by its Secretary K. Kandasamy
57, Sterling Road, Nungambakkam,
CHENNAI - 600 034. ... Petitioner
Vs.
1. Anna University,
rep. by its Registrar,
CHENNAI - 600 025.
2. The Government of Tamil Nadu,
rep. by its Secretary,
Higher Education Department,
Fort St. George,
CHENNAI - 600 009. ... Respondents
W.P. No.1350 of 2003
Hindustan Educational & Charitable Trust,
rep. by its Managing Trustee,
T.S.R. Khannaiyann,
67, Avarampalayam Road, K.R. Puram,
COIMBATORE - 641 006. ... Petitioner
Vs.
1. Anna University,
rep. by its Registrar,
CHENNAI - 600 025.
2. The Government of Tamil Nadu,
rep. by its Secretary,
Higher Education Department,
Fort St. George,
CHENNAI - 600 009. ... Respondents
W.P. No.1380 of 2003
Hindustan Educational & Charitable Trust,
rep. by its Managing Trustee,T.S.R. Khannaiyann,
67, Avarampalayam Road, K.R. Puram,
COIMBATORE - 641 006. ... Petitioner
Vs.
1. The Director of Technical Education,
CHENNAI - 600 025.
2. The Government of Tamil Nadu,
rep. by its Secretary,
Higher Education Department,Fort St. George,
CHENNAI - 600 009. ... Respondents
Prayer in W.As.
Appeal against the orders of the learned single Judges dated 8.11.200 2 and
9.10.2002 passed in respective writ petitions.
Prayer in W.Ps.
To issue a Writ of Certiorari for the reasons stated therein.
!For Appellants in the Appeals : Mr. R. Krishnamoorthy, S.C.
M/s. V. Sanjeevi
(W.A. Nos.3454/2002 etc.)
Mr. Mohan Parasaran, S.C. for
M/s.Sathish Parasaran
(W.A. No.3462/2002)
Mr. K. Doraisamy, S.C. for
M/s.Muthumani Doraisamy
(W.A. Nos.3463/2002 etc. and
for petitioners in W.Ps.)
Mr. Habibullah Badsha, S.C.
For M/s. K. Ilias Ali.
(W.A. No.3542/2002)
Mr. AR. L. Sundaresan
(W.A. Nos.3459/2002 etc.)
Mr. Arvind P. Datar, SC
Mr. S. Mothilal
(W.A. No.3467/2002)
Mr. R. Suresh Kumar
(W.A. No.3471/2002)
Mr. T. Meikandan
(W.A. No.3515/2002)
Mr. P.K. Narayanan
(W.A. No.3527/2002)
Mr. R. Subramanian
(W.A. No.3553/2002)
Mr. G. Masilamani, S.C.
for M/s.G.M. Mani Associates
(W.A. Nos.3482 to 3494/2002)
^For Respondents :Mr. N.R. Chandran,
Advocate General, assisted by
Mr. V.R. Rajasekaran, Spl. G.P
Mr. G. Masilamani, S.C.
For M/s.G.M. Mani Associates
( W.A. Nos.3450/2002 etc.
and W.P. Nos. 907, 908,
1350 & 1380 of 2003)
Mr. A.L. Somayaji, S.C.
For M/s.Vijayanarayan
Mr. N. Paul Vasantha Kumar
(1st Respondent in W.A. No.
3492/2002)
:O R D E R
THE HONOURABLE THE CHIEF JUSTICE
These interlocutory applications arising out of several writ appeals and writ
petitions, heard and disposed of by this common order, relate to the
establishment of the colleges imparting technical education, and the legal
requirements of approvals and affiliations by All India Council for Technical
Education (hereinafter referred to as A.I.C. T.E.) and the Anna University,
respectively. While A.I.C.T.E. is to set the standards of technical
education, all over the country, including the Courses of Study and the
infrastructural facilities required thereto, Anna University is invested with
the powers by an enactment, drawing all the technical education institutions
under its fold, for the purpose of affiliation. The first in order is
approval by AICTE and such approval is granted in phases starting from the
first year of the technical courses, basing upon which affiliation is granted
by the University. There are more than 100 such technical institutions all
over the State of Tamil Nadu, for which the approval and the affiliation are
granted by the AICTE and the University concerned. Similar treatment was
sought for by the technical institutions in the instant cases.
2. Going by the facts stated and the relief sought for, these can be
categorised into three viz.,
(i) the approval granted by A.I.C.T.E. but affiliation denied by
University on the ground of non-obtaining the exemption under Section 37-B of
the Tamil Nadu Land Reforms (Land Ceilings) Act, 1961;
(ii) the approval granted by A.I.C.T.E. for setting up new colleges but
affiliation not granted by University on the ground of expiry of the last date
set by the Government for admissions; and
(iii) approval granted by A.I.C.T.E. for setting up the colleges and the
colleges had been functioning, who again sought for additional intake of seats
but affiliation refused by the University for the said additional intake of
students.
3. W.A. Nos. 3450, 3451 and 3482 to 3494 of 2002 are preferred against
the order of Mrs. Justice Prabha Sridevan dated 9.10.2002 in W.P. Nos.
33256, 33257, 33567, 33861, 33870, 33871, 33889, 34248, 34327, 34 328, 34730,
35825 and 35826 of 2002. They relate to categories (ii) and (iii). W.A.
Nos. 3454, 3455, 3458 to 3460, 3462 to 3467, 3471, 3 508, 3515, 3527, 3542
and 3553 of 2002 are against the order of Mr. Justice E. Padmanabhan dated
8.11.2002 in W.P. Nos. 29077, 29078, 2953 0, 31790, 31811, 31857, 32020,
32021, 32022, 32034, 32036, 32067, 320 90, 32096, 32239, 32359 and 32814 of
2002. They relate to category (i).
4. As is not unusual, the educational institutions have been
admitting students into their colleges without fully complying with the legal
requirements. While approval to set up educational institutions and also to
introduce courses are to be granted by A.I.C.T.E., the affiliation has to be
granted by the University and the Government, through its Director of
Technical Education, has to allot seats through a Single Window System, by
which the centralised counselling is done. While A.I.C.T.E. has been
constituted pursuant to the All India Council for Technical Education Act, a
Central enactment, and the grant of approval is guided by the Regulations
framed in the year 1994 in exercise of the rule-making power under Section 23
(1) of A.I.C.T.E. Act, the Anna University comes into picture because of the
amendment brought into the Anna University Act, 1978 (Tamil Nadu Act 30 of
1978), in 2001, bringing all the educational institutions imparting technical
education into the fold of Anna University for the purpose of grant of
affiliation. There are several judicial precedents defining the respective
roles of the A.I.C.T.E., the Universities and the Governments. Each one of
them has got a distinct role and of course, if there is overlapping of any of
the powers, then the supremacy is given to the A.I.C.T.E, as the apex body.
In the instant case, there is no such difficulty as in the cases falling under
categories (ii) and ( iii), the approval has been granted for setting up the
institutions with original intake as also additional intake of seats. But the
affiliation had been refused by the Anna University only on the ground of
delay. The delay is in the context of expiry of the last date set for the
forwarding of the list by the Government for the purpose of central
counselling by the Anna University. It is needless to mention that the grant
of affiliation in so far as the cases falling under categories (ii) and (iii)
are concerned, they are for the year 2002 – 2003 . This is so even for the
category (i). The only point in the cases falling under category (i) is
non-production of the exemption from the Government as contemplated under
Section 37-B of the Tamil Nadu Land Reforms (Land Ceilings) Act, 1961.
5. For the year 2002 – 2003, the Director of Technical Education
issued directives on 21.7.2002 containing the policy of the Government with
regard to allotment of seats and setting the date for admission through Single
Window System, according to which, 5th August 2002 was the last date. Under
the Single Window System, the candidates have to be selected by Central
Counselling done by Anna University according to the policy evolved by the
Government in regard to the allotment of seats as specified percentage of
seats are allotted under Government quota and minority seats, if it is a
minority institution, or management quota, if otherwise.
6. The Rules envisage that if the counselling rule is followed
and the students from the allotted quota of the Government do not join, then
such number of seats would be treated as lapsed seats and the educational
institutions, be it minority or otherwise, are entitled to fill those lapsed
seats in addition to the seats allocated towards its quota. The learned
single Judge, while disposing of the cases falling under categories (ii) and
(iii), has rightly held that unless the above process of allotment through
central counselling is followed, the question of treating any seat as lapsed
seat does not arise. We concur with that view. But the question is whether
there is any justification for holding up the continual of education of the
students admitted, even though irregular, for the year 2002 – 2003, in the
absence of any Regulations relating to affiliation. Under the Anna University
Act, clause (xvi-a) of Section 29, which was introduced by Section 12 of Anna
University (Amendment) Act, 2001, provides for the laying down of the
conditions of affiliation of colleges to the University. When the statute
ordains framing of Regulations relating to affiliation and the said
requirements having not been framed, no other decision or instruction of the
University or, for that reason, even of the Government, can be looked into.
In fact, there is a dichotomy occurring in the cases relating to affiliation
by the University as there are one set of colleges which are not backed by an
exemption under Section 37-B of the Tamil Nadu Land Reforms (Land Ceilings)
Act, 1961 but had been existing and affiliation had been granted and they are
continuing, while there are other set of colleges, which are denied even the
permission to set up the colleges at the threshold on the ground of want of
such exemption. Lands have been bought, constructions have been made,
equipment has been installed and every step has been taken to start the
colleges. In all the cases falling under all the three categories, the
students, who have be en admitted by the respective colleges, underwent
courses because of the interim orders of this Court and they had completed
their courses in the respective disciplines for the year 2002 – 2003. They
are not only entitled to write the examinations but also entitled for the
declaration of results of their examinations and also the issuance of the
necessary certificates enabling them to pursue their studies further. But
such ad hoc methods cannot be adopted time and again. A time has come now to
lay definite guidelines and in fact, the learned single Judge in the order
dated 9.10.2002, issued specific directions to the University to grant
affiliation on or before 20.10.2002 on the valid ground of the University not
framing Regulations relating to affiliation. The said reason is also
applicable for the requisition of University for the production of exemption
certificate under Section 37-B of the Tamil Nadu Land Reforms (Land Ceilings)
Act, 1961. In fact, this issue of exemption under Section 37-B of Tamil Nadu
Land Reforms (Land Ceilings) Act, 1961 cannot be confined only to the cases
falling under category ( i) as the said requirement is necessary for all the
educational institutions which are run by the Trusts and the lands held by the
latter. Mr. G. Masilamani, learned senior counsel, appearing for Anna
University, has tried to explain that a distinction be drawn regarding the
institutions, which were pre-existing as on 30.7.2002 and those which were
established after that date. We have already held above that there is no
legal sanctity for imposition of such condition by the Anna University in the
absence of a statutory Regulation. The letter of the Registrar of Anna
University dated 23.7.2002, as already stated above, cannot operate as a
Regulation and consequently, has got no statutory force. Hence, the above
cut-off date for the imposition of the production of exemption certificate
under the Tamil Nadu Land Reforms (Land Ceilings) Act, 1961 cannot sustain.
But the larger question involving the interpretation of Section 37-B of the
Tamil Nadu Land Reforms (Land Ceilings) Act, 1961, as to whether it is
prospective or retrospective in operation, has to be gone into in other set of
Writ Petitions Nos.44540 of 2002 etc.batch and as such, we are not touching
that aspect for the reason that the said decision will act in rem and not in
personam. In so far as the requirement of the exemption under Section 37-B of
the Tamil Nadu Land Reforms (Land Ceilings) Act, 1961, the applicability is
common to all the educational trusts and no distinction can be drawn for
imposing any cut off date. The academic year 2002 – 2003 has gone and comes
the academic year 2003 – 2004. The calendar is already set according to which
the date for the issuance of first Prospectus by Anna University is 31.3.2003
but supplementary Prospectus can be issued upto 15.6.2003 and the date set for
Single Window System is 23.6.2003. From now onwards, let there not be any
more confusions, contingencies or complications. Let the educational
institutions and students thereof know where they stand. But, for the process
of approval by A.I.C.T.E for the year 2003 – 2004, affiliation of the
University is necessary and in the absence of the statutory Regulations framed
setting the norms for affiliation, the only alternative is to invoke Chapter
44-A appended to the Madras University Act, 1923, by virtue of sub-Section (3)
of Section 38-A of Anna University Act, enabling the Anna University to grant
provisional affiliation, which shall operate pending disposal of the W.P.
Nos. 44540 of 2002 etc. batch and the regular affiliation shall depend upon
the outcome of the verdict therein. It is pertinent to mention that even
though some defects had been pointed out earlier by the Anna University in
regard to some educational institutions, but with the report now filed,
pursuant to orders of this Court and which reports are based upon the
inspections made by the Anna University, it is now clear that excepting the
vital objection regarding the non-production of the exemption orders under
Section 37-B of the Act, all other requirements for running the technical
courses by the educational institutions have been met.
7. In view of what is stated above, we issue the following order:
(1) the Anna University shall grant provisional affiliation to all the
educational institutions before us for the years 2002 – 2003 and 20 03 – 2004
within a period of one week from the date of receipt of a copy of this order;
(2) within two weeks of the production of the said orders of provisional
affiliation by the Anna University, the All India Council for Technical
Education shall grant approval to the educational institutions before us for
the years 2002 – 2003 (if not already granted) and 200 3 – 2004;
(3) it is made clear that the above provisional affiliation and approval
to be granted by the respective Authorities named above, shall be without
insisting upon the production of the exemption orders from the Government
under Section 37-B of Tamil Nadu Land Reforms (Land Ceilings) Act, 1961;
(4) the Anna University, while issuing the original Prospectus or
supplementary Prospectus, shall include the names of the educational
institutions before us, as one entitled for allocation of seats under Single
Window System; and
(5) it is however made clear that the above provisional affiliation or the
approval, which are to be granted by the Authorities named above, shall be
subject to the result of the adjudication in the Writ Appeals and Writ
Petitions which are kept pending, to decide a larger issue involving the
interpretation of Section 37-B of the Tamil Nadu Land Reforms (Land Ceilings)
Act, 1961.
8. Post all the Writ Appeals and Writ Petitions along with W.P.
Nos.44540 of 2002 etc. batch.
(B.S.R., CJ) (D.M., J) bh/sm 04.04.2003 Internet : Yes