IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 04.09.2017 CORAM:
THE HONOURABLE MR.JUSTICE S. MANIKUMAR AND THE HONOURABLE MR.JUSTICE M.GOVINDARAJ Writ Petition No.42924 of 2016 W.M.P.Nos.36813 and 36814 of 2016 Thiagarajar College of Engineering, rep., by its Chairman and Correspondent, Thirupparankundram, Madurai 625 015. ... Petitioner v.
1. The Secretary, State of Tamil Nadu, Higher Education Department, Fort St. George, Chennai 600 009.
2. The Member Secretary, Committee on Fixation of Fee in respect of Self Financing Professional Colleges, F-1, DOTE Staff Quarters, Gandhi Mandapam Road, Guindy, Chennai 600 025. ... Respondent Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the entire records of the 2nd respondent, which culminated in the impugned proceedings in PROC.No.CFF/Engineering/Fees/029/2016, dated 23.06.2016 and to quash the same, as arbitrary, illegal and against the principles land down by the Hon'ble Supreme Court and to further direct the 2nd respondent- Committee to determine separate fee structure for the petitioner Institution for the 03 Academic Years, commencing from 2016-17, by considering the expenditures mentioned in the proposal of the petitioner college, dated 09.02.2015 and 29.02.2016, by following the principles laid down by the Hon'ble Supreme Court of India in its judgments reported in 2003 (6) SCC 697 Islamic Academy of Education v. State of Karnataka, 2004 (5) SCC 583 Modern School and others v. Union of India, 2005 (9) SCC 537 P.A.Inamdar v. State of Maharashtra and 2016 (7) SCC 353 Modern Dental College and Research Centre v. State of Madyapradesh.
For Petitioner : Mr.V.P.Sengottuvel For Respondents 1 & 2 : Mr.K.Manishankar, Addl. Advocate General Assisted by Mr.K.Krishnamurthy
O R D E R
(Order of the Court was made by S. MANIKUMAR, J.) Though vide letter, dated 29.02.2016, Thiagarajar College of Engineering, Madurai, has sought for revision of fees structure for Under Graduates and Post Graduates, for the years 2016-17, 2017-18 and 2018-
19 respectively, the Committee on Fixation of Fee in respect of Self Financing Professional Colleges, vide order, dated 23.06.2016, has fixed fees, for various coures, for the academic year 2016-17, as stated below:
2. Being aggrieved by the same, the Chairman and Correspondent, Thiagarajar College of Engineering, Madurai, has sought for the relief, as stated supra.
3. Upon notice, opposing the prayer sought for, the respondents have filed counter, for which, a reply has been filed by the petitioner.
4. On this day, when the matter came up for hearing, Mr.V.P.Sengottuvel, learned counsel for the petitioner submitted that the academic year 2016-17 is almost over and therefore, he is not pressing the relief, for quashing the proceedings, dated 23.06.2016.
5. However, by inviting the very same proceedings, dated 23.06.2016, learned counsel for the petitioner submitted that the Government have not considered fee revision for the years 2017-18 and 2018-19, for which, directions can be issued to consider the fresh proposal, dated 29.08.2017, submitted by the petitioner.
6. Placing on record the submission of Mr.V.P.Sengottuvel, learned counsel for the petitioner, prayer to issue a writ of Certiorari, to quash the proceedings, dated 23.06.2016, cannot be granted.
7. Mr.K.Manishankar, learned Additional Advocate General, appearing for the respondents submitted that the revised proposal, dated 29.08.2017, addressed to the Chairman, Committee on Fixation of Fee in respect of Self Financing Professional Colleges, Chennai, 2nd respondent herein and acknowledged by the said Committee on 30.08.2017, would be considered in accordance with law and suitable orders would be passed, within four weeks, from the date of receipt of a copy of this order.
8. Placing on record the above, the 2nd respondent is requested to pass orders, within the time frame.
9. With the above direction, the writ petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is also closed.
Note to Office:
Issue order copy on 06.09.2017 skm To
1. The Secretary, State of Tamil Nadu, Higher Education Department, Fort St. George, Chennai 600 009.
(S.M.K., J.) (M.G.R., J.) 04.09.2017
S. MANIKUMAR, J.
AND M.GOVINDARAJ, J.
skm
2. The Member Secretary, Committee on Fixation of Fee in respect of Self Financing Professional Colleges, F-1, DOTE Staff Quarters, Gandhi Mandapam Road, Guindy, Chennai 600 025.
Writ Petition No.42924 of 2016 04.09.2017