ALEXANDER EDUCATIONAL FOUNDATION TAMBARAM Vs. UNIVERSITY OF PONDICHERRY

JUDGEMENT

(1.) THESE two writ petitions are by Dr.Alexander Educational Foundation, Tambaram, against the Pondicherry University and the Government of Pondicherry.

(2.) THE above said foundation runs an educational institution by name " Pant Institute Technology " from the year 1987. THE 1st respondent-university granted to the institution provisional affiliation to start B.Pharm. course, B.Sc. Nutrition course and (M.L.T.) course in 1987. On 9.4.1991, the 1st respondent-university sent two impugned show cause notices under Statute 32(5) of the Pondicherry University Act, 1985, one in respect of B.Pharm course and the other in respect of the two courses. With reference to B.Pharm course, the notice stated that the petitioner was given opportunity to defend itself as to why the said B.Pharm course should not be de from the academic year 1991-92 onwards. With reference to the other two B.Sc. course the notice stated that the petitioner was given an opportunity to defend itself as to why provisional affiliation granted should not be withdrawn from the academic year 1991 onwards. W.P.No.7725 of 1991 has been filed for the issuance of certiorarified mandamus quash the above said show cause notice relating to B.Pharm course and direct the respondent not to interfere with the affiliation already granted for six years with regard B.Pharm course. This provisional affiliation for 6 years was granted on 21.11.1988 by the respondent-university pursuant to the order of this Court dated 27.10.1988 in W.A.No.1110 of 1988, about which further details are given in paragraph 5 below. W.P.No.7726 of has been filed praying for issuance of a writ of certiorarified mandamus to quash the show cause notice relating to the said B.Sc. course and direct the 1st respondent to continue the affiliation for the said courses without any further interference.

(3.) SINCE the said final orders have been passed, the writ petitioner has filed W.M.P.No.13173 of 1991 in W.P.No.7726 of 1991 and W.M.P.No.17947 of 1991 in W.P.No.7725 of W.M.P.No.l3173of 1991 seeks to substitute the prayer in the writ petition for quashing above said final order dated 10.5.1991 and directing the 1st respondent to continue affiliation for the above said B.Sc. courses. This writ miscellaneous petition was ordered prayed for, on 12.8.1991. W.M.P.No. 17947 of 1991 is for quashing the above said order dated 19.8.1991 and directing the 1st respondent to continue the affiliation as already ordered in W.A.No.1110 of 1988 for the B.Pharm course to the petitioner " s institution. Though this petition has not already been disposed of, it is obvious that this miscellaneous petition has also to be ordered, just as the above said W.M.P.No. 13173 1991. Accordingly, W.M.P.No. 17947 of 1991 is also hereby ordered as prayed for.