Vinayaka Missions Research Vs the Union Territory of

Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Declaration, declaring that the Impugned Regulations viz. Pondicherry Professional Educational Institution (Domicile requirement in admission of students) Regulations 2006, notified in G.O.Ms.No.64, Chief Secretariat (Education) dated 25.05.2006 is ultra vires, unconstitutional and is also contrary to the judgements of the Hon'ble Supreme Court and consequently forbear the respondents from in any manner interfering with the rights and functioning of the petitioner Deemed University including in the matter of admission and fixation of fee structure etc.

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For Petitioner : Mr.Vishnu Manoharan for Mr.Rahul Balaji

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https://www.mhc.tn.gov.in/judis

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W.P.No.20906 of 2006

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For Respondents : Dr.B.Ramaswamy Additional Government Pleader

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ORDER

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This matter is listed under the caption for “Without EB Cases”

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Heard the learned counsel appearing for the petitioner and the learned

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counsel appearing on behalf of the respondents.

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3. This writ petition is filed with the following prayer:-

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“issue a Writ of Declaration or any other appropriate order or direction in the nature of a Writ of declaration declaring that the Impugned Regulations viz. Pondicherry Professional Educational Institution (Domicile requirement in admission of students) Regulations 2006, notified in G.O.Ms.No.64, Chief Secretariat (Education) dated 25.05.2006 is ultra vires, unconstitutional and is also contrary to the judgements of the Hon'ble Supreme Court and consequently forbear the respondents from in any manner interfering with the rights and functioning of the petitioner Deemed University including in the matter of admission and fixation of fee structure etc.”

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It is seen that the writ petition with the very same prayer in the connected matters were all clubbed and taken up for hearing in W.P.Nos.15003 of 2008, 6550 of 2010 and 8213 of 2011 and by order dated 27.07.2012, the writ petitions were allowed. The operative portion of the order is extracted

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https://www.mhc.tn.gov.in/judis

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W.P.No.20906 of 2006

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hereunder for ready reference:-

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“17.Under the said circumstances, all the writ petitions are allowed the impugned orders of the Government stand set aside. The petitioner institutions are free to admit non-domicile students, after following fair procedure of admission and the requirement of the fee of Rs.2,000/- in respect of the said candidates of the Union Territory is illegal and hereby stands cancelled. No costs. Consequently, connected miscellaneous petitions are closed.”

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