CHANDRASEKARENDRA SARASWATHI VISWA MAHAVIDYALAYA DEEMED UNIVERSITY KANCHIPURAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) IN this Writ Petition under Article 226 of the Constitution of INdia, the short question that falls for our consideration is whether the State Government was right in declining the grant of Essentiality Certificate to the petitioner institution for starting a new medical college. The matter has got chequered history and this is the third round of litigation between parties.

(2.) THE petitioner is a deemed University which has been established for the purpose of providing religious and secular education at the instance of Sri Kanchi Mutt. THE Institution is run on no-profit basis and is intended to serve the students coming from all walks of life, and in particular poor and needy students irrespective of caste, creed and community. THE deemed University is sponsored by Sri Kanchi Kamakoti Peetam Charitable Trust. THE trust has established various institutions including Arts and Science College, Ayurveda Medical College, an Engineering College etc. THE Trust has established Child Trust Hospital, Eye Care Hospital in various parts of the country.

(3.) SUBSEQUENT to the above, the petitioner institution wrote letters dated 5.4.2004 and 12.5.2004 requesting the Government to issue orders for reinspection, if necessary and grant Essentiality Certificate pointing out that the petitioner had complied with all the requisite particulars. The petitioner therefore moved W.P.M.P. No. 24609 of 2004 in W.P. No. 28383 of 2003 for interim directions directing the State Government to pass appropriate orders in accordance with law on the application made by the petitioner for grant of Essentiality Certificate. The learned single Judge by order dated 18.8.2004 was pleased to direct the respondent to make all efforts to complete the inspection before 24.9.2004 in view of the fact that 30.9.2004 has been fixed as the last date for finalisation of the admission process. The above W.P.M.P. along with the writ petition came up for hearing again on 18.10.2004. Learned Additional Government Pleader appearing for the State of Tamil Nadu reported to the Court that as assured by the Government on an earlier occasion a Committee has inspected the petitioner's college and that orders could be passed within a period of two weeks from 18.10.2004. The learned single Judge recording the said fact disposed of the writ petition and the miscellaneous petition as follows :-