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Judgment
Bakthavatsalam, J.—These writ petitions are filed by two Trusts against the show cause notices by the respondents proposing to cancel the
permission to the Engineering Colleges run by the Trusts and against orders issued by the University rejecting the affiliation for the academic year
1989-90.
I have heard Mr. R. Krishnamurthi, the learned Counsel for the petitioner Trust, the learned Advocate General for state, Mr. Murugesan, the
learned Counsel for the University and Mr. Ganguli, the learned Counsel for the All India Council for Technical Education.
Various contentions have been raised by the learned Counsel for petitioner Trust, in law and on facts against the action of the state and
University which are impugned herein.
After hearing for some time, this court appointed Justice N. Krishnaswamy Reddy, former Judge of this court as Chairman of a Commission to
inspect the petitioner Institution and the said Commission inspected the Institutions and submitted a report.
Since I am deciding these cases on facts, I am not deciding the question of law in these cases as I think it is unnecessary to go into them for the
purpose of deciding these cases.
In so far as W.P. No. 10183 and 10287 of 1989 are concerned (Sathyabama Engineering College, Madras) Justice N. Krishnaswamy
Reddy''s Commission has given the summary of the findings which runs as follows:
Land: The management appears to have purchased originally 80 acres of land in Kannankottai Village Gummidipoondi Taluk, Chengai-Anna
District to establish the College. Now another 73 acres of land at Chemmanchery village, Saidapet Taluk, Chengai-Anna District at a distance of
15 Kms from Adyar corner have been purchased with the intention of locating the college in proximity to Madras.
Buildings: The college is functioning at present in a temporary location. The class-rooms, drawing hall, staff room, library, physics laboratory,
Chemistry laboratory, carpentry shop, fitting shop and office room are all located in two-storeyed buildings with R.C.C. beam and slab roof
system. One more workshop type building is being used as smithy shop and for keeping the heavy machineries which have been purchased
recently. Construction of buildings at Chemmanchery site for establishing the college permanently and the progress of building activities is
significant. The Management has given an undertaking to shift the college from the temporary location at Vadagaram to the buildings at
Chemmanchery by first week of November, 1989. If the present rate of progress of construction is maintained, the management will be able to
have sufficient buildings at the proposed permanent site by the beginning of the academic year 1990-91 to run the college.
Class Rooms and Drawing Halts: There are six class rooms each with sufficient area and furniture to accommodate 60 students available at the
present location to meet the immediate requirements for the conduct of classes for the first year and second year students. However, there is only
one drawing hall which is not quite adequate.
Library: The management has improved the library facilities after the visit of the sub-committee in May, 1989. The floor area provided now is
about 1200 sq.ft. The number of books now available in the library is about 5000 which meets the present requirement.
Laboratories and Workshops: The details of the equipments available and the extent of floor space provided for the laboratories are given in the
Annexure-I. The management has procured some equipments for the laboratories required for the conduct of the practical classes for second year
students and many more arc yet to be procured. The available equipments are not sufficient to meet the curriculum needs of II B.E. courses. The
management has not set up any of the II year laboratories in the present location for want of space. As such the management does not intend to
conduct the practical classes for II year students (all branches) in the present campus and plans to set up the laboratories in the permanent campus
by first week of November 1989 and conduct practical classes there.
Staff: The teaching staff strength in the college is 37 which will be sufficient to manage the present needs of the college namely for the I and II year
courses. The strength nonteaching staff of all categories in the college is 27 which needs to be increased to 36.
Hostel: The management plans to provide hostel accommodation for the students in rented houses. But they assure that they will put up permanent
hostels in the new campus as per norms.
Amenities to staff and students: Toilet facilities in the present location are adequate. Otherwise there has not been significant improvement in
provision of general amenities to staff and students since the inspection of the sub-committee in May, 1989.
It is stated in the Report of the Commission, that the facilities available for the present for conduct of classes for the I year students, can be
considered to meet the requirements to run the classes for one more academic year. In view of this, I think it is for the university to consider for the
grant of affiliation for this college for I year. But, with regard to II year students, the Commission in its report stated that none of the laboratories
required for practical classes has been set up.
The learned Advocate-General is fair enough to state that this Court can decide on facts and it is open to this court to decide on the basis of
report of Justice N. Krishnaswamy Commissioner for continuing the courses in the colleges.
Mr. R. Krishnamurthy, the learned Counsel for the petitioner Trust draws my attention to the fact, that the commission headed by Justice N.
Krishnaswamy Reddy, has duly taken note of the considerable speed with which the construction of the permanent building at the permanent
location is in progress. The learned Counsel has also pointed out that the petitioner Institution is making efforts to get that the buildings in the
permanent location to house the first and second year classes, laboratories, work-shops etc. would be complete in all respects by the end of
October, 1989. In view of this development, the University is directed to consider to permit the second year classes also in all branches in the
present location, after verifying the facts whether the laboratory facilities are available, as stated by the learned Counsel for the petitioner Trust
before this Court.
In so far as W.P.Nos. 10194 and 10195 of 1989 are concerned (Dr. M.G.R. Engineering College, Anna Nagar, Madras) Justice N.
Krishnaswamy Reddy''s commissioner has given the summary of the findings which runs as follows:
Land: -The management have purchased 6.62 acres of land at Maduravoyal and another 75.66 acres at Nayapakkam about 15Kms from
Maduravoyal in name of the Trust for running the college.
Buildings: The college is functioning at present in a temporary location. The first, second and third floors of a three storeyed R.C.C building are
used to accommodate the class rooms, drawing hall, library, carpentry shop and a few laboratories. The space between the compound walls and
the building is partly used to house the fitting shop, the smithy shop and the ""Strength of Materials Laboratory"". Construction of permanent
buildings at Maduravoyal for establishing the college is in progress. The R.C.C. framed building under construction at Maduravoyal is planned to
be a two storeyed one and is having an area of about 30,000 sq.ft. in each floor. The management has given an undertaking to complete the
buildings by November, 1989. If the present tempo in the building construction activity is maintained for the rest of the current academic year, the
college will have substantial floor area available by the beginning of the next academic year and the college can be shifted from the present
temporary buildings to the permanent location.
Class Rooms and Drawing Halls: There are six class rooms and a drawing hall each with sufficient space and furniture to accommodate 60
students in the existing buildings.
Library: The Management has improved the library facilities subsequent to the visit of subcommittee constituted by the High Power Committee.
The number of books available in the library now is about 5300 and the floor area provided for the library is about 500 sq.ft.
Laboratories: The details of the floor areas provided for various laboratories and the equipments available in them are given in the Annexure
therein. Floor areas provided invariably fall short of the area required as per the norms. Workshops (Lathes and Special Machines shops) and
Fluid Mechanics and Machinery laboratory, particularly for the second year Mechanical Engineering branch students cannot be set up in the
present location for want of space. In other words adequate facilities to conduct laboratory classes for the Mechanical Engineering branch students
cannot be established in the present location. ""Strength of Materials Laboratory"" facilities are also not adequate.
Staff: The teaching staff strength at present is 37 which meets the requirements for the first and second year courses. The non-teaching staff of all
categories total to 36 which is as per norms.
Hostel: The hostel accommodation for about 50 students is provided in rented buildings.
Amenities to Staff and Students: There has not been any significant improvement in the establishment of general amenities for staff and students,
since the inspection of the sub-committee constituted by the High Power Committee. Toilet facilities for a population of about 425 are poor.
If the report is accepted, the affiliation for the I year students and the affiliation for the II year students, except the Mechanical Engineering Branch,
are to be granted. The commission itself has recommended in its report that the management may be permitted to offer only the ""Electronics and
communication Engineering"" and ""Computer science and Engineering"" courses for the II year students. It is further pointed out in the report of the
commission that admission for the I year course may be permitted to be resumed and conducted in the present location until the management
moves to the permanent buildings before the end of the calender year.
After the inspection of commission, an additional affidavit has been filed by the petitioner Trust stating that the buildings in the permanent
location to house the first and the second year classes, laboratories, workshops etc. would be completed in all respects by the end of October,
1989. It is further stated that the petitioner has completed the construction of a separate building for the purpose of housing the electrical
engineering laboratory, fluid, machinery laboratory and workshop (Lathe Shop) in the permanent location. It is further alleged in the affidavit, that
the petitioner also has erected the. machineries required for the abovementioned three laboratories in the permanent location and had shown the
same to the Commission but unfortunately, the Commission has not made any reference to the same in the Report.
In view of the fact that the practical examination for the IInd year course is to be held only in April 1990, at the end of the Fourth Semester, I
direct the University to consider to grant affiliation for the Mechanical Engineering Branch also for the II year. But it is made clear that if the
petitioner Institution does not satisfy the requirements, it is open to the University to take action at the end of the Academic year, that is in May,
1990. Taking into consideration of the facts of this case and the Report of the Commission, I am inclined to allow the writ petitions.
While deciding the issue about these colleges, one should not lose sight of the fact that though permission was granted by the Government to
start these colleges in January, 1988 the affiliation was granted by the University only in October, 1988. It seems the permission was granted by
the erstwhile A.I.A.D.M.K. Government in January, 1988 and it was reviewed during the President''s Rule and affiliation was given to the
petitioner Association only in October, 1988. As such, it is too much on the part of the Authorities to expect of the Petitioner to comply with all the
requirement within seven months after the petitioner Institutions coming into existence. It is well known fact that the High Power Committee visited
the College during May, 1989. As such, I am not able to understand how the Colleges are expected to comply with other condition within a short
span of time. As such, I think another chance should be given to the petitioner Colleges, taking into consideration of the Report of the Commission
appointed by this Court. As I have already stated, the impugned orders of the University are set aside. The University is directed to consider
granting affiliation for the I and II year students to the petitioner Institutions and review the position of the colleges at the end of the academic year
1989-90, namely in May, 1990.
In view of my deciding these writ petitions on merits, I am not inclined to go into the allegation of mala fides made by the petitioner in affidavit.
So far as the question of law is concerned, I have already decided in Adhiyamm Engineering College Rep by Trust v. The State rep by
Government of Tamil Nadu and Four others, W.P. Nos. 10222 and 10223 of 1989, dated 6-10-1989 that the State Government has no
jurisdiction to appoint a High Power Committee to inspect. As such, I allow both the writ petitions. The impugned order of the University in each
petition and the show-cause notices issued by the Director of Technical Education in each petition, are also set aside. The University is directed to
consider and grant affiliation for I and IInd years in both petitions.
As I have already decided the issue in favour of the petitioner Institutions, I do not think that there will any impediment for the State
Government to allot the students from the Government quota to the petitioner colleges.