LAWS(MAD)-2012-6-244

DHAYA COLLEGE OF ENGINEERING Vs. SECRETARY TO GOVERNMENT

Decided On June 29, 2012
DHAYA COLLEGE OF ENGINEERING Appellant
V/S
SECRETARY TO GOVERNMENT Respondents

JUDGEMENT

(1.) BY consent of the parties at the admission stage itself the writ appeal is taken up for final disposal along with the application in M.P.(MD)No.5 of 2012 in W.A.No.1517 of 2011 as the matter pertains to the application is also the same as in the Writ Appeal.

(2.) ACCORDING to the appellant, the appellant had obtained necessary permission from the All India Council for Technical Education (in short 'AICTE') for starting a Engineering College and approached the University for grant of affiliation and the Inspection Committee of the petitioner University, made an inspection and submitted a report dated 22.07.2011 and pointed out the following three deficiencies viz., "(a) There is a shortage of 175 library books in Science and Humanities; (b) Location of the cafeteria is by the side of the Class Rooms which may create noise in managing the process; (c) Transport facility is not available. 2. According to the appellant, earlier in the first round of litigation they sought for affiliation for the academic year 2011-2012 after completing the alleged deficiencies pointed out by the University pursuant to the latter dated 25.07.2011 in which they have clearly stated thus: "We are in receipt of your letter No.AUTMDU/REG/AFF/2011-07/355, Dated 22.07.2011, deferring the affiliation to our institution for the academic year 2011-2012 on account of 3 deficiencies identified as noted below.

(3.) THEREAFTER, the matter was posted by way of 'being mentioned' and the petitioner University was directed to consider the reply dated 25.07.2011 and pass appropriate orders within a period of ten days from the date of receipt of a copy of the order.