An applicant sought to be struck out as an unnecessary party to a suit challenging VIT's grading. The court dismissed the application, holding that without NAAC, the sought relief against the conceding institution cannot be granted.
Application to strike out NAAC from the suit was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
FRIDAY, THE 18TH DAY OF MARCH 2022
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
A.No.4815 of 2021
in C.S(COMM. DIV.) 289 of 2020
Dr.Prabaharan SRS 9D, Beach Home Avenue, 2nd floor, 3rd Street, Besant Nagar 600 090 Chennai. ..Plaintiff
Vs.
1.Vellore Institute of Technology (VIT) Represented by its Chancellor Dr.G.Viswanathan, Vellore-632014 Tamil Nadu, India Also having administrative office at New No.6, Old No.73 W, W Block 2nd Street, Anna Nagar, Chennai 600 040.
2.National Institutional Ranking Framwork (NIRF), National Board of Accreditation, Represented by its Member Secretary, NBCC Place, East Tower, 4th Floor, Bhisham Pitamah Marg, PragatiVihar, https://hcservices.ecourts.gov.in/hcservices/ New Delhi 110003, India.
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3.National Assessment and Accreditation Council (NAAC) P.O.Box No.1075, Nagarbhavi, Opp. To NLSIU, Bangalore-560072, Karnataka, India. 4.University Grants Commission (UGC) Represented by its Chairman, Bhadur Shah Zafar Marg, New Delhi-110 002. ... Defendants A.No.4815 of 2021:- 1.National Assessment and Accreditation Council (NAAC) P.O.Box No.1075, Nagarbhavi, Opp. To NLSIU, Bangalore-560072, Karnataka, India.
..Applicant
Vs.
1.Dr.Prabaharan SRS 9D, Beach Home Avenue, 2nd floor, 3rd Street, Besant Nagar 600 090 Chennai. 2.Vellore Institute of Technology (VIT) Represented by its Chancellor Dr.G.Viswanathan, Vellore-632014 Tamil Nadu, India Also having administrative office at New No.6, Old No.73 W, W Block 2nd Street, Anna Nagar, Chennai 600 040.
https://hcservices.ecourts.gov.in/hcservices/ 3.National Institutional Ranking Framwork (NIRF), National Board of Accreditation, Represented by its Member Secretary,
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NBCC Place, East Tower, 4th Floor, Bhisham Pitamah Marg, PragatiVihar, New Delhi 110003, India.
4.University Grants Commission (UGC) Represented by its Chairman, Bhadur Shah Zafar Marg, New Delhi-110 002.
... Respondents/Defendants
Application praying that this Hon'ble Court be pleased to strike off
the name of this Applicant / 3rd Defendant form the suit and its connected Application as not being maintainable / sustainable due to relief being
sought against this Applicant / 3rd Defendant have become infructuous.
This Application coming on this day before this court for hearing, the court made the following orders:-
This application is filed to delete the applicant/third defendant from the array of parties in the suit. The applicant states that it is an accreditation agency and is, therefore, neither a necessary nor proper party to the suit.
for a mandatory injunction against the third defendant with regard to the grading granted to the first defendant. Consequently, the relief prayed for cannot be granted in the absence of the applicant/third defendant.
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a necessary nor proper party to the suit.
Sd./-S.K.R.J. 18/03/2022
//Certified to be true copy// Dated at Madras this the day of 2021.
COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
EVK 18/03/2022
1 issue framed by the court
Whether an accreditation agency like NAAC is a necessary party to a suit seeking mandatory injunction against an educational institution's grading.
National Assessment and Accreditation Council (NAAC)
Dr. Prabaharan SRS
Vellore Institute of Technology (VIT)
National Institutional Ranking Framework (NIRF)
University Grants Commission (UGC)
Senthilkumar Ramamoorthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
