SELVAM EDUCATIONAL AND CHARITABLE TRUST REPRESENTED BY ITS CHAIRMAN Vs. MADURAI KAMARAJ UNIVERSITY REPRESENTED BY ITS REGISTRAR AND ORS.

JUDGEMENT

(1.) THIS writ appeal is directed against the order of the learned single Judge in W.P. No.4 of 1990. That was a writ petition, preferred by the appellant herein and the respondents herein were the respondents in that writ petition. It is better that we refer to the parties as per their rank and nomenclature in the writ petition. The petitioner is a Trust. It has established several educational institutions and is running them. The petitioner is registered under the Societies Registration Act On 12.11.1984, the petitioner as per G.O. Ms. No. 1777, Education Department, obtained permission from the second -respondent for starting an engineering college under the name and style of 'Indian Engineering College' at Vadakangulam, Tirunelveli District, hereinafter called the college, under self -financing scheme with effect from 1984 -85 for three Branches, namely, 1. Civil Engineering. 2. Mechanical Engineering and 3. Electronics and Communication Engineering. By that Government Order, there are certain conditions imposed subject to which the permission was granted. The petitioner applied for affiliation to the first -respondent and by order dated 17.12.1984, the first respondent accorded provisional affiliation for the year 1984 -85 for B.E. 'Degree for the aforesaid three Branches. The provisional affiliation was continued for the academic years 1985 -86 and 1986 -87. By G.O. Ms. No. 1853, Education Department, dated 23.11.1987, the second respondent permitted the introduction of B.E. Degree course in Computer Science and Engineering in the College with effect from the academic year 1987 -88 and there was a direction to reallocate the student strength of 180,. already sanctioned, in all the four Branches as follows: .

(2.) THE learned single Judge, who dealt with the writ petition, found that the ratio of the pronouncement of a Bench of this Court in Adhiyaman Educational and Research Institution, Madras v. The State of Tamil Nadu by its Special Commissioner and Secretary, Education Department, Madras and Ors., W.A.Nos.793, 797 and 821 of 1989, Judgment, dated 23.11.1989 would squarely apply to the case on hand. The learned single Judge, however, declined to accord the reliefs to the petitioner, taking note of the following features;

(3.) THE learned single Judge, on the first respondent producing copies of the affidavits in W.P. Nos. 3783 and 5789 of 1988, gave an opportunity to the petitioner to file an affidavit to clarify the position. The petitioner did clarify the position by filing the requisite affidavit and the relevant averments therein, as extracted in the order of the learned single Judge run as follows: