IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22/06/2006
CORAM
THE HON'BLE MR. JUSTICE P. SATHASIVAM
AND
THE HON'BLE MR. JUSTICE V. DHANAPALAN
WRIT APPEAL No.306 of 2006
WRIT APPEAL No.307 of 2006
WRIT APPEAL No.308 of 2006
and
WAMP.No.632 of 2006 to
WAMP.No.634 of 2006
WAMP.No.864 to 866 of 2006
The Registrar
Manonmaniam Sundaranar University
Abishahapatti
Tirunelveli District. .. Appellant in
All the appeals.
-Vs-
St. Josephs College of Education
Puthukulam Vilaku
Ittamozhi Road, Pandarapuram,
Sathankulam Taluk
Tuticorin District
Rep. By its Chairman
L. Damy Suraj. .. R.1 in WA.306/06
James College of Education
Mannan Vilai
Kappiarai
Kanyakumari District
Rep. By its Correspondent
Dr. Prem Kumar. .. R.1 in WA.307/06 Rt. Rev. G. Devakadashyam Bishop/Chairman Christian College of Education Marthandam & Post Kanyakumari District. .. R.1 in WA.308/06 2. State rep. By Secretary to Govt., Education Department Fort St. George, Chennai .. R.2 in all the appeals.
Writ Appeals are filed under Clause 15 of the Letters of
Patent against the common order of the learned Judge Mr. Justice D.
Murugesan, dated 20.02.2006 made in W.P.Nos.37058, 37059 and 37693 of 2005.
!For appellant : Mr. M. Sureshkumar
^For respondents : Mr. K. Chandru, Sr. counsel
For Mr. C. Rober & Bruce for R.1
Mr. M. Dhandapani,AGP for R.2
:COMMON JUDGMENT
(Judgement of the Court was delivered by P. SATHASIVAM,J.)
The above writ appeals have been filed against the common
order of the learned single Judge dated 20.02.2006 made in W.P.Nos.37058, 3705
9 and 37693 of 2005.
2. In the common order, the learned Judge, after noting the earlier
order of this Court reported in 2005 Writ Law Reporter 257 ( Madras Education
and Research Integrated Trust (MERIT) rep. By its Managing Trustee T.
Padmavathi vs. The Periyar University rep. By its Registrar, Salem) and the
Division Bench decision of this Court in 2005 (2) CTC 182 (Bharathidasan
University rep. By its Registrar-in-charge, Tiruchirapalli vs. Dhanalakshmi
Srinivasan, Educational and Charitable Trust, rep. by its Chairman,
Perambalur), rejected the objection raised by the University insisting for
production of No Objection Certificate for consideration of the applications
for the affiliation and allowed all the writ petitions. In the same order,
the learned Judge directed the University to consider the applications of the
writ petitioners for the grant of affiliation without insisting upon No
Objection Certification from the State Government, but subject to all other
conditions for affiliation as per the statutes of the University.
3. It is also brought to our notice that Special Leave Petitions
filed against the Division Bench decision of this Court (2005 )(2) CTC 182
(cited supra) have been rejected by the Hon’ble Supreme Court. In view of the
above cited decisions and of the fact that the learned Judge has correctly
passed an order and issued appropriate direction to the University, we do not
find any valid ground to entertain the above appeals. Accordingly, all the
appeals are dismissed. No costs. Consequently, connected WAMPs., are also
dismissed.
kh
To
The Secretary to Govt.,
Education Department
Forst St. George
Chennai.