Disposed

Suthanthira Polytechnic v. The Chairman

Madras HC7 Mar 2022WP/21882/2018

Case brief

AI extract

What is this about?

Petitioner sought writ of certiorari to quash an order withholding Diploma Certificates of students due to prior approval issues. Court noted AICTE granted retrospective approval for the relevant academic year and directed the Commissioner to despatch certificates within eight weeks.

What did the court decide?

Directed 2nd respondent to despatch certificates to students within eight weeks upon production of AICTE approval.

Suthanthira Polytechnic Vs The Chairman — Service and Employment | Madras HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 07.03.2022

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CORAM

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THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN

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W.P. No.21882 of 2018 and W.M.P.Nos. 25678 & 25679 of 2018

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Suthanthira Polytechnic College, rep. by its Secretary, S. Radhakrishnan

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...Petitioner

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Versus

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The Chairman, All India Council for Technical Education, 7^th Floor, Chandralok Building, Janpath, New Delhi – 110 001.

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The Commissioner of Technical Education (FAC), Directorate of Technical Education, 53, Sardar Patel Road, Guindy, Chennai-600 025.

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The Regional Officer, All India Council for Technical Education, Shastri Bhavan, 26, Haddows Road, Nungambakkam, Chennai-600 006. ... Respondents

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PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari, calling for the records of proceeding No.40288/H4/2015, dated 07.12.2017 issued by the 2^nd respondent to the petitioner institution and quash the same.

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For Petitioner : Mr.Naveen Kumar Murthi

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https://hcservices.ecourts.gov.in/hcservices/

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For Respondents : Mr.E.Sundaram, Govt. Advocate for R2 Mr. Rabu Manohar for R1 and R3

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O R D E R

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This Writ Petition has been filed challenging the order passed by the 2^nd respondent withholding the Diploma Certificate of the students studying in the petitioner's Polytechnic.

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The grievance of the petitioner is that, the petitioner is running a Polytechnic after getting approval from the AICTE and other authorities. Due to some problem in the year 2015-16, AICTE withhold the approval. In view of the same, the 2^nd respondent earlier passed an order transferring the students admitted in the petitioner's Polytechnic in the year 2015-2016. However, that order was subsequently cancelled and the students are also permitted to continue the course in the petitioner's polytechnic. Accordingly, the students were allowed to write the examination FOR sixth semester. In the impugned order of the 1^st respondent, it is stated that, the Diploma Certificate of the students should be withheld till the approval granted by AICTE.

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Mr. Naveen Kumar Murthi, learned counsel appearing for petitioner would submit that, now the students have completed the course and pending Writ Petition, the AICTE has also granted approval to the petitioner Polytechnic for the academic year 2015-16. In the said circumstances, the certificate withheld by the 2^nd respondent may be despatched to the students.

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The learned counsel appearing for respondents 1 and 2 AICTE, on instructions, would submit that by an order dated 12.03.2018, AICTE has granted approval to the petitioner polytechnic for the academic year 2015-2016 and he has also produced the copy of the order.

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Heard and considered rival submissions made by learned counsel appearing for both sides and perused the records.

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Considering the fact that, the learned counsel appearing for respondents 1 and 3 AICTE, on instructions, that AICTE has granted approval and there is no objection for despatching the certificates to the students. In the said circumstances, as the retrospective approval has been granted to the petitioner polytechnic, the 2^nd respondent is directed to despatch the certificate subject to the production of approval granted by

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https://hcservices.ecourts.gov.in/hcservices/

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AICTE within a period of eight weeks from the date of receipt of copy of this order. Accordingly, this Writ Petition is disposed of. No costs. Consequently, connected Writ Miscellaneous Petitions are closed.

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s/dAssistant Registrar

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True Copy

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Sub-Assistant Registrar

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rpp To 1. The Chairman, All India Council for Technical Education, 7^th Floor, Chandralok Building, Janpath, New Delhi – 110 001.

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The Commissioner of Technical Education (FAC), Directorate of Technical Education, 53, Sardar Patel Road, Guindy, Chennai-600 025.

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The Regional Officer, All India Council for Technical Education, Shastri Bhavan, 26, Haddows Road, Nungambakkam, Chennai-600 006.

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+1 CC to Mr.R.Rabu Manohar, Advocate sr 15009 +1 CC to Mr.Naveen Kumar, Advocate sr 15014 +1 CC to The Government Pleader sr 15486.

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W.P.No.21882 of 2018

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GP(CO) SP(11/05/2022)

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https://hcservices.ecourts.gov.in/hcservices/

Suthanthira Polytechnic v. The Chairman

Case brief

What is this about?

What did the court decide?

Suthanthira Polytechnic v. The Chairman

Case brief

What is this about?

What did the court decide?

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