THIRUMURUGA KIRUPNANDA VARIYAR THAVATHIRU SUNDARA SWAMIGAL MEDICAL EDUCATIONAL AND CHARITABLE TRUST REPRESENTED BY ITS CHAIRMAN, DR. A. SHANMUGHASUNDARAM Vs. THE UNIVERSITY OF MADRAS REPRESENTED BY ITS REGISTRAR

JUDGEMENT

(1.) The petitioner seeks the issuance of writ of certiorarified mandamus or any other appropriate writ, order or direction, calling for the records comprised in the proceedings of the respondent dated 17.7.1997 in L.No.A.I.(G.J.)/95 -97/1273, and quash the same, and consequently direct the respondent to grant affiliation to the petitioners Arts and Science College at Salem, from the academic year 1996 -97, based on the Inspection Commission Report and recommendations rendered in December, 1996 and January, 1997, already available with the University, and consequently permit the students who were admitted during the academic year 1996 -97 to pursue their courses of study to which they were admitted and allow them to take up necessary examinations and confer all recognitions and degrees.

(2.) In the affidavit filed in support of the writ petition, sworn by the Vice Chairman of the petitioner Trust, it is stated that the trust has established various educational institutions in Salem, including a Medical College, a Dental College, an Engineering College, a Homeopathy College, a College of Pharmacy and a College of Physiotherapy etc. It also wanted to start an Arts and Science College at Salem, and an application has been filed by the Trust to the Government of Tamil Nadu, for opening a self financing unaided Co -educational Arts and Science College in the name and style of 'Vinayaka Mission's Kirupananda Variyar Arts and Science College, Salem during the academic year 1995 -96, with the following courses: -

(3.) When request was made to the University on 4.12.1995, the respondent has informed the petitioner that since the academic year has already started this will be considered only for the next year. The petitioner, therefore, moved a reminder for considering the affiliation as per letter dated 2.2.1996, and wanted an inspection commission to be appointed. It is said that in respect of the five courses, the, proposed in take was 120 students each. The respondent/University appointed an Inspector Commission to consider the question of affiliation with effect from the academic year 1996 -97. though the inspection committees visited the college, the report was not in favour of the petitioner. On the basis of the first report of the inspection committee, the syndicate of the University was not inclined to grant affiliation, and therefore, the petitioner was informed by the respondent by letter dated 25.7.1996 accordingly. On the same date, the petitioner sent a representation to the respondent, pointing out that the various defects pointed out by the Inspection commission during the time of inspection had been complied with, and wanted another Inspection commission to be appointed. The respondent/University agreed for the said suggestion, and again deputed another Inspection Commission.,