VENKATESWARA INSTITUTE OF INFORMATION TECHNOLOGY AND MANAGEMENT, REP BY ITS CHAIRMAN, COMMANDER K VELU (RETD) Vs. REGISTRAR, CENTRE FOR AFFILIATION OF INSTITUTIONS, ANNA UNIVERSITY

JUDGEMENT

(1.) The petitioner has come forward with the above Writ Petition praying for issuance of a Writ of Certiorarified Mandamus to call for the records relating to the proceedings of the respondent bearing Lr.No.251/CAI/AU/CR_ScrutinyFailed/2018-5, dated 29.05.2018 and quash the same and consequently direct the respondent to permit the petitioner-Institute to admit students for MBA programme for the academic year 2018-2019 onwards.

(2.) It is the case of the petitioner-Institute that it was established in 2008 by Sri Venkateswara Educational and Charitable Trust having its office at Coimbatore. The petitioner-Institute was granted approval/affiliation by the respondent to admit the students for the earlier academic years 2008-2009 to 2017-2018. In respect of the academic year 2018-2019, the last date for submitting application for intake of students was fixed on 05.01.2018 and as per the communication of the respondent, dated 06.12.2017, the application was submitted through online on 04.01.2018. By proceedings dated 10.04.2018, the respondent issued deficiency report/show cause notice. Under the head General Facilities, as against the Principal, it was stated that 'not eligible'. The deficiency was pointed out with regard to faculty and library. The required number of faculty is 18. There was no admission to MBA programme for the academic years 2016-2017 and 2017-2018 for the first year. For the academic year 2018-2019, the petitioner-Institute has 9 faculties as per the norms prescribed under the University in 20:1 ratio and the petitioner-Institute is eligible to admit students to the academic year 2018-2019. The Inspection Committee of the University found that the Principal was not eligible to hold the said post.

(3.) It is the further case of the petitioner that on receipt of the deficiency report/show cause notice, the petitioner complied with the same and appointed one Dr.V.Rama Devi as Principal on 23.04.2018 and also four faculties were appointed on 18.04.2018. The compliance report was submitted to the respondent on 25.04.2018. Again on 11.05.2018, the respondent communicated to the petitioner that the faculty deficiency continue to exist and the Principal was not eligible to hold the post and that there is insufficient evidence and the documents were not accepted by the Committee. The AICTE extended the approval granted to the petitioner-Institute by proceedings dated 30.04.2018 and hence, the respondent ought to have accorded affiliation for intake of students for the academic year 2018-2019. By impugned communication dated 29.05.2018, again the respondent expressed inability to re-consider the sanctioned intake of students for the academic year 2018-2019 and there is a reference to the order of the Supreme Court dated 13.12.2012 (reported in - Parshavannath Charitable Trust and others VS. AICTE and others, 2013 3 SCC 385) and after this, for the last five years, affiliation was granted. The said decision of the Supreme Court is not applicable to the facts of this case, because, the Apex Court issued guidelines to the AICTE for dealing with the application for grant of approval to new colleges or additional seats, but in the case on hand, the AICTE had accorded approval in 2008 itself, on the basis of which the students were admitted from the academic year 2008-2009 and it continues to hold as on date. Challenging the said communication dated 29.05.2018, the present Writ Petition is filed by the petitioner-Institute.