AmmalCharitable Trustrep. By itsChairman and Managing TrusteeThookkanaickenpalayam PostGobi TalukErode District 638 506 v. Bharathiyar University

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 23-8-2007CORAMTHE HONOURABLE MR.JUSTICE M.CHOCKALINGAMW.P.No.13217 of 2007andMP No.1 of 2007Annai J.K.K. Sampoorani AmmalCharitable Trustrep. By itsChairman and Managing TrusteeThookkanaickenpalayam PostGobi TalukErode District 638 506.. Petitioner vsBharathiyar University rep. By itsRegistrarCoimbatore 641... Respondent Writ petition filed under Article 226 of the Constitution of Indiapraying for a writ of certiorarified mandamus calling for the recordscomprised in proceedings No.BU/R/A1/2007/2393 on the file of theRegistrar/Bharathiyar University, Coimbatore/respondent dated 16.3.2007and quash the same and consequently direct the respondent to grantexemption for 2005-2006 batch B.Ed. Course students who are admitted andtrained through the petitioner's institution during the academic year2005-2006 thereby enabling them to get B.Ed. Degree in accordance with law.For Petitioner: Mr.V.AyyaduraiFor Respondent: Mr.M.SekarORDERChallenge is made to the proceedings of the respondent namelyBharathiyar University, represented by its Registrar, made inNo.BU/R/A1/2007/2393 dated 16.3.2007, by way of this writ petition for awrit of certiorarified mandamus.2.The affidavit in support of the writ petition and the counteraffidavit are perused. The Court heard the learned Counsel on eitherside. 3.The only grievance ventilated by the petitioner is that thepetitioner institution which was denied affiliation by the University forthe year 2005-2006, approached this Court by way of a writ petition in WPNo.34923 of 2006. and the same, after hearing both sides, was dismissed by https://hcservices.ecourts.gov.in/hcservices/ this Court on 22.12.2006. While dismissing the petition, this Courtpermitted the petitioner to approach the Vice Chancellor or Syndicate ofthe University for the grant of exemption, and the authority may considerthe same in accordance with law. Accordingly, the petitioner has made itsrepresentation on the very next day. The respondent University throughits Registrar served a communication stating that the request of thepetitioner for grant of exemption for 2005-2006 batch students to appearin the examination cannot be complied with since affiliation cannot begranted retrospectively. Aggrieved over the same, this writ petition hasbeen brought forth by the petitioner.4.In support of the writ petition, the learned Counsel Mr.V.Ayyaduraiwould submit that in the instant case, while the petitioner was permittedto make a representation before the respondent University for exemptionthereby enabling the students admitted by the petitioner educationalinstitution, to appear in the examination, the respondent University hasnot even considered the same, but has denied the same stating that theaffiliation could not be granted retrospectively; that even the veryreading of the proceedings of the respondent University would clearlyreveal that it has neither followed the judgment of this Court nor appliedits mind, nor had they adduced any reasons therefor; but, on the contrary,it has refused the exemption without any valid grounds; that it wouldclearly indicate the non-consideration of the circumstances, and hence, ithas got to be quashed.5.The Court heard the learned Counsel for the respondent on the abovecontentions. According to him, following the judgment of this court, itis true that a representation was made on 23.12.2006; that it was actuallyconsidered by the Syndicate, and in order to allow the students for theexamination, there should have been affiliation for the year 2005-2006;but, the institution was not affiliated for that year, and under thecircumstances, the request of the petitioner was rightly denied, and thesaid proceedings were informed to the petitioner by the saidcommunication, and it has been made pursuant to the orders of the Courtand in accordance with law, and hence, the writ petition has got to bedismissed.6.The Court paid its anxious consideration on the submissions made. 7.It is not in controversy that the petitioner educationalinstitution was not granted with the affiliation for the year 2005-2006.But, the affiliation was granted positively from 2006 onwards. It is alsonot in controversy that the students were admitted by the educationalinstitution for the year 2005-2006 also. The petitioner approached thisCourt by filing a writ petition in WP No.34923 of 2006, which came up fororders before this Court. After hearing both sides, the said writpetition was dismissed. While doing so, this Court has observed asfollows:"58..... However, it is open to the petitioner to approach theVice Chancellor or the Syndicate of the University for the grantof exemption and if the petitioner chooses to do so, theAppropriate Authority may consider the same in accordance withlaw." https://hcservices.ecourts.gov.in/hcservices/

8.Consequent upon the above order of this Court, the petitioner madeits representation to the University on the very next day i.e.,23.12.2006. The request of the petitioner through that representation hasbeen denied by the respondent under the impugned proceedings stating thatthe request of the petitioner for grant of exemption could not be compliedwith since the affiliation could not be granted retrospectively. The veryreading of the proceedings of the University as communicated to thepetitioner, which is under challenge, would clearly indicate that therequest of the petitioner for grant of exemption could not be grantedsince the affiliation could not be granted retrospectively. It is quiteevident from all the proceedings pending between the parties that therewas no affiliation for the petitioner institution for the year 2005-2006.Even the request of the petitioner before this Court through the earlierwrit petition was also denied, and that writ petition has been dismissed.However, the petitioner was permitted to submit its representation beforethe respondent, and the respondent was also directed to consider the same.Thus, it would be quite clear that such a situation presupposes that therewas no affiliation for 2005-2006 at all. Pending non-affiliation for thesaid period 2005-2006, as per the orders of this Court, the representationby the petitioner could be made. Accordingly, it has been done. But, therespondent University has denied the exemption stating that affiliationcould not be granted retrospectively. It remains to be stated that noquestion of grant of affiliation retrospectively would arise. Evenassuming that there was no affiliation of the institution for the period2005-2006, the exemption could be considered under the statedcircumstances. Whether exemption could be granted to the institution forits students to appear in the examination in the absence of theaffiliation should be considered. But, the reason adduced for the denialof exemption by the University was that the affiliation was not availablefor the period 2005-2006, and affiliation cannot also be grantedretrospectively. Thus, it would be quite clear that the University hasnot considered in the proper perspective which would require that theproceedings of the University have got to be quashed. This Court is of theview that the representation of the petitioner educational institution forgrant of exemption has got to be considered. 9.However, it is made clear that in the absence of the affiliation ofthe institution for the year 2005-2006, whether the exemption could begranted or not has got to be considered by the University. Accordingly,the proceedings of the respondent are quashed, and the University isdirected to consider the representation of the petitioner within a periodof two weeks herefrom in accordance with law. 10.Hence, this writ petition is allowed. No costs. Consequently,connected MP is closed.nsv/Sd/-Asst.Registrar/true copy/ Sub Asst.Registrar https://hcservices.ecourts.gov.in/hcservices/ To:The Registrar,Bharathiyar University Coimbatore 641.+1 cc to Mr.R.Ayyadurai, Advocate Sr.No.52613.+1 cc to Mr.M.Sekar, Advocate Sr.No.52724.GG(CO)dcp/3.9WP No.13217 of 2007