High Court · 2025

W.P.(MD)No.22167 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED : 19.08.2025CORAM:THE HONOURABLE MR.JUSTICE C.SARAVANANW.P.(MD)No.22167 of 2025andW.M.P.(MD)Nos.17263, 17264 and 17266 of 2025The Principal,Arul Tharum VPMM College of Engineering and Technology, V.P.M Nagar, Krishnankovil, Srivilliputtur - 626 190, Virudhunagar District. ... Petitioner-vs-1.The State of Tamil Nadu, Rep. by its Principal Secretary, Department of Higher Education, Fort St. George, Chennai - 600 009.2. The All India Council for Technical Education, Rep. by its Director, Nelson Mandela Marg, Vansanth Kunj, New Delhi – 110 070.3.The Regional Officer, All India Council for Technical Education, Sastri Bhavan, No.26, Haddows Road, Chennai - 600 006.____________Page 1 of 10 https://www.mhc.tn.gov.in/judis W.P.(MD)No.22167 of 20254.The Director of Technical Education, Guindy, Chennai – 600 025.5.The Anna University, Rep. by its Registrar, Sardar Patel Road, Chennai – 600 025.6.The Director (Affiliation), Centre for Affiliation of Institutions, Anna University, Chennai - 600 025.... RespondentsPrayer:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order issued by the fifth respondent Anna University in Lr.No.386/CA/AU/2025 dated 31.07.2025 (received on 03.08.2025) suspending the affiliation of the petitioner College, quash the same and further direct the fifth respondent herein to extent affiliation to the petitioner's college for the academic year 2025 -2026.For Petitioner : Mr.K.Ragatheesh Kumar for M/s.Isaac ChambersFor R1 and R4 : Mr.P.T.Thiraviam Government AdvocateFor R2 and R3: Mr.N.Dilip Kumar Standing CounselFor R5 and R6: Mr.Karthick Raja Standing Counsel____________Page 2 of 10 https://www.mhc.tn.gov.in/judis W.P.(MD)No.22167 of 2025ORDERHeard the learned counsel for the parties.2. In this Writ Petition, the petitioner has challenged the impugned communication issued by the fifth respondent, Anna University, bearing Reference No.Lr.No.386/CA/AU/2025, dated 31.07.2025.3. By the impugned communication, the affiliation granted to the petitioner's College in the year 2002, which had been periodically renewed, has been suspended on account of certain deficiencies, as detailed in Paragraph 14 of the impugned communication. Paragraph 14 of the said communication is reproduced below:-____________Page 3 of 10 https://www.mhc.tn.gov.in/judis W.P.(MD)No.22167 of 2025____________Page 4 of 10 https://www.mhc.tn.gov.in/judis W.P.(MD)No.22167 of 20254. The specific case of the petitioner is that the institution is entitled to admit 360 students per year for undergraduate courses and 48 students per year for postgraduate courses, totalling a sanctioned intake of 1,536 students. However, as of now, only 91 students are enrolled in the second, third, and fourth years of the undergraduate course, and 5 students in the postgraduate course. It is submitted that there are currently 71 faculty members on its roll. Therefore, the allegation in the impugned communication regarding faculty deficiency cannot be sustained, as the calculation of deficiency ought to be based on the actual number of students, not on the total sanctioned intake.5. It is further submitted that the alleged deficiency in Science and Humanities (S&H) faculty is untenable, as the said discipline is not offered by the institution. Hence, the impugned communication is unsustainable on that ground as well.6. With respect to the alleged ineligibility of the Principal, it is submitted that S.Meenakshi Sundaram, the current Principal, was earlier employed with Madurai Institute of Engineering and Technology from 12.12.2018 to 30.01.2020. ____________Page 5 of 10 https://www.mhc.tn.gov.in/judis W.P.(MD)No.22167 of 2025As the said institution is affiliated to the fifth respondent University, it is contended that the new guidelines, which require a Principal to have guided at least two successful Ph.D. scholars as Supervisor or Co-Supervisor, along with minimum 8 research publications in SGI/SCIE/UGC/AICTE approved journals, should not be applied retrospectively to a person already serving as Principal in an affiliated institution. It is also submitted that all other qualifications prescribed for the post are satisfied.7. Furthermore, it is submitted that the institution employs 71 faculty members, who are dependent on their salaries, and that the future of 96 students currently pursuing their education at the college is at stake due to the suspension of affiliation. It is further submitted that the impugned order was passed without affording the petitioner an opportunity of being heard.8. On the other hand, the learned Standing Counsel for the fifth and sixth respondents submits that despite multiple deficiency memos issued since 2005, the petitioner has failed to rectify the same. Even during the current academic year, several deficiencies were pointed out, which remain unaddressed. Therefore, ____________Page 6 of 10 https://www.mhc.tn.gov.in/judis W.P.(MD)No.22167 of 2025the suspension of affiliation is justified and the writ petition is liable to be dismissed.9. Having considered the rival submissions and the factual circumstances, it is noted that only 96 students are presently enrolled against a sanctioned intake of 1,536 [1,440 for U.G. Course and 96 for P.G. Course]. It is also noted that 71 faculty members are reportedly on roll. The issue of faculty deficiency appears to have been assessed based on the total sanctioned intake rather than the actual student strength. Hence, this aspect requires reconsideration.10. As regards the qualification of the Principal, while the Centre for Affiliation of Institutions, Anna University, prescribes certain additional requirements (such as guiding two Ph.D. scholars and publishing in approved journals), such requirements may be considered directory rather than mandatory, unless it is shown that the absence of such qualifications would adversely affect the quality of education or the degrees to be conferred by the institution. Desirability alone cannot render an existing appointment invalid.____________Page 7 of 10 https://www.mhc.tn.gov.in/judis W.P.(MD)No.22167 of 202511. In view of the above observations, the impugned order of the fifth respondent is quashed, and the matter is remitted back to the fifth respondent for reconsideration, after affording the petitioner an opportunity of being heard. The impugned communication shall be treated as a show cause notice to the petitioner.12. The petitioner is directed to submit a comprehensive reply within two weeks from the date of receipt of a copy of this order. Upon receipt of the reply, the fifth respondent shall pass a fresh order on merits within four weeks thereafter, after affording the petitioner a personal hearing.13. The Writ Petition is disposed of accordingly. No costs. Consequently, connected Miscellaneous Petitions are closed. NCC : Yes / No 19.08.2025Index : Yes / No smn2Note:- Issue order copy on 20.08.2025.____________Page 8 of 10 https://www.mhc.tn.gov.in/judis W.P.(MD)No.22167 of 2025To:-1.The Principal Secretary, State of Tamil Nadu, Department of Higher Education, Fort St. George, Chennai - 600 009.2. The Director, All India Council for Technical Education, Nelson Mandela Marg, Vansanth Kunj, New Delhi – 110 070.3.The Regional Officer, All India Council for Technical Education, Sastri Bhavan, No.26, Haddows Road, Chennai - 600 006.4.The Director of Technical Education, Guindy, Chennai – 600 025.5.The Registrar, Anna University, Sardar Patel Road, Chennai – 600 025.6.The Director (Affiliation), Centre for Affiliation of Institutions, Anna University, Chennai - 600 025.____________Page 9 of 10 https://www.mhc.tn.gov.in/judis W.P.(MD)No.22167 of 2025C.SARAVANAN , J. smn2W .P.(MD)No.22167 of 2025 19.08.2025____________Page 10 of 10