GOJAN EDUCATIONAL TRUST Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THIS writ petition has been brought forth seeking a writ of certiorarified mandamus to quash the proceedings of the first respondent dated 15.12.2003 and to direct the respondents to process the application of the petitioner and to grant approval to the petitioner to establish an Engineering College commencing from the Academic Year 2004-2005.

(2.) FROM the averments made in the affidavit filed in support of the petition and the submissions made, it could be seen that the petitioner is a public charitable trust created with the object of providing modern educational avenues to establish, support and run educational institutions, establish hospitals, etc. The petitioner trust had obtained the application for grant of the letter of viability from the second respondent and submitted a copy of the application to the Regional Office of the second respondent at Madras and to the first respondent on 8.10.2003 for getting their No Objection Certificate (NOC) to be submitted to the second respondent. The petitioner completed the construction of the building, and all other infrastructural facilities have been kept intact. The second respondent was established as a National Expert Body to advise the Central and State Government for ensuring coordinated development of technical education in accordance with the approved standards. The powers and functions of the second respondent namely the Council, were regularised by way of a statute called the "All India Council of Technical Education (AICTE Act), 1987 (Central Act 52 of 1987).

(3.) IT is true that the petitioner had applied to the Government for grant of NOC. A reading of the order impugned would clearly show that the rejection of the application for grant of No Objection Certificate was only in consonance with the policy decision of the Government, and it has not been individually considered whether it is a fit case for granting NOC or not. In such circumstances, so many educational institutions came before this Court and filed W.P.Nos.645 of 2004, etc., wherein this Court had an occasion to consider the contentions put forth by both sides and has passed an order dated 22.4.2004 that it is not proper on the part of the Government to make a wholesale rejection of the applications made but, it has got to be individually considered on the merits of the matter. Now, the grievance ventilated by the learned Counsel for the petitioner before this Court is that his application has not been considered individually, and hence, an order has got to be passed in that lines. In such circumstances, following the earlier order of this Court made in the batch of writ petitions as referred to above, it would be suffice to issue a direction to the first respondent to consider the application of the petitioner individually on the merits of the matter. Accordingly, a direction is issued.