SAN INTERNATIONAL BUSINESS SCHOOL Vs. DIRECTOR

JUDGEMENT

(1.) Heard the Learned Counsel for the Petitioner and the Learned Counsel for the Respondent.

(2.) The petitioner herein is the representative of San International Business School which offers M.B.A (Master of Business Administration) course for the past 12 years, after obtaining approval from the All India Council for Technical Education (AICTE). For the academic year 2019-2020, the petitioner sought for extension of approval for M.B.A Course and forwarded the application to AICTE. The AICTE has granted approval for intake of 81 students for the academic year 2019-2020. While so, the respondent who is the representatives of the affiliating University namely the Anna University issued letter dated 21.03.2019 informing the visit of University Inspection Committee on 30.03.2019. After inspection, the respondent issued show cause notice dated 05.04.2019 pointing out the deficiencies in the facilities. After rectifying the deficiencies, the petitioner filed compliance report to the respondent, without conducting further inspection and proper scrutiny of the compliance report, the respondent has issued letter to the petitioner on 11.05.2019 refusing the permission to admit candidates in the M.B.A course. The reason for denial of permission is cited as "Library Deficiencies continue to exist". The said order is impugned in this Writ Petition on the ground that in respect of rectifying the deficiencies and production of documents in the compliance report, the respondent has erroneously issued impugned order dated 11.05.2019, restraining the petitioner from admitting students in the M.B.A course.

(3.) According to the learned counsel for the petitioner, the AICTE which is the authority for granting approval, has granted approval for the petitioner/Institute to admit students for the academic year 2019-2020 with intake of 81 students. The extension of approval was granted by the AICTE vide order dated 25.04.2019. While so, the respondent has denied the permission to admit students by passing the cryptic order. Even according to the AICTE norms and the e-mail sent by the respondent University, the required number of journals are 6 international journals and 6 National journals. The AICTE being satisfied with availability of necessary journals and Library facility has extended the approval for the academic year 2019-2020 with intake of 81 students. Surprisingly, the Anna University, by fixing the required norms of journals as 12 International and 12 National journals had concluded that the petitioner/Institute lack Library facility. Since the Inspection committee of the University has recorded the shortage of 13 journals. The Petitioner/Institute had placed purchase order for requisite number of journals and has already purchased enough journals. The respondents without considering the compliance report in respect of journals purchased, had mechanically passed the order of "No Admission Category".