DHAYA COLLEGE OF ENGINEERING SIVARAKOTTAI VILLAGE THIRUMANGALAM TALUK Vs. SECRETARY TO GOVERNMENT HIGHER EDUCATION DEPARTMENT GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) M /s.Dhaya College of Engineering, Madurai District, has filed a Writ of Certiorarified Mandamus, calling for the records relating to the order of the Registrar, Anna University, Chennai, by which, the University has informed the Principal of the college that the University is not in a position to grant affiliation to the college for the academic year 2013-14.

(2.) FOR better appreciation of the reasons stated by the University for not granting affiliation, this court deems it fit to extract the Letter No.CA1/057/2013 dated 20.05.2013.

(3.) TRACING the chequered history of this case, eversince AICTE, New Delhi, has granted approval for the engineering college, for the academic year 2011-12, vide proceedings dated 18.08.2011 and the rectification of the defects noticed by the inspection committee on 22.07.2011 namely, 1)non availability of 175 books, 2)request to shift the cafeteria from inside the building to outside the building and 3)provision for transportation to the students and inviting the attention of this court to the specific directions issued by the Hon'ble Bench of this court in W.A(MD)No.740/2011 dated 09/10.08.2011, decision in W.P(MD)No.9667/2011 dated 21.10.2011, confirmed on appeal in W.A(MD)No.1517/2011 dated 20.12.2011, which was confirmed by the Hon'ble Supreme Court in Special Leave to Appeal (Civil) Nos.17760 and 17761/2012, Mr.P.Wilson, Learned Senior Counsel appearing for the petitioner college submitted that though the Hon'ble Division Bench of this court, on more than one occasions has made a categorical pronouncement and reaffirmed its decision, that Anna University cannot go beyond the directions of the Division Bench, in making any fresh inspection, under the guise of verifying the requirements of norms and standards of the University, to consider the issue of grant of affiliation, for the college, actuated by malice and bent upon to deny affiliation, the University has once again, rejected the request for affiliation to the college, for the academic year 2013-14, on the grounds that the Inspection Committee, could not inspect the college, as the gate was closed and due to non co-operation to the Committee. He further submitted that the observation of the Inspection Committee that the college has not been functioning in the recent past, from the mere look is irrelevant for considering the application for provisional affiliation.