M/S. DHAYA COLLEGE OF ENGINEERING Vs. ANNA UNIVERSITY & ORS.
LAWS(SC)-2014-8-99
SUPREME COURT OF INDIA
Decided on August 13,2014

M/s. Dhaya College of Engineering Appellant
VERSUS
Anna University And Ors. Respondents

JUDGEMENT

- (1.)Having given our thoughtful consideration to the controversy in hand and having heard the learned Attorney General representing respondent Nos.1 to 7, we are of the view that the petitioner-institution having been granted recognition by the AICTE as far back in 2011, has been struggling to commence the first academic session. The commencement has been delayed, on account of the Anna University having not granted the necessary affiliation. Paragraph 4.9 of the impugned order depicts some deficiencies. We feel that the objections contained in paragraph 4.9 should not act as an impediment to the commencement of the academic session, and accordingly, we find it appropriate to direct the respondents to allow the petitioner to commence the academic session within one week from today by adhering to the different steps laid down by this Court. The counselling shall be conducted on the basis of the merit list prepared by the concerned competent authority, for which a Notification shall positively be issued by tomorrow i.e. 14.08.2014. The students who have already been admitted to other institutions, will not have the option to seek admission in the petitioner-institution.
(2.)The counselling process, in terms of the directions issued by this Court shall be completed by 19.08.2014, and the admissions shall be finalised under all circumstances by 20.08.2014.
(3.)The reason for us to extend the schedule expressed by this Court in its earlier orders, is based on the fact, that the institution in question i.e. the petitioner before this Court had assailed the action of the Anna University before the High Court by filing a writ petition as far back in 2013. It is only because, the judicial process extended up to 21.07.2014 (when the impugned order was passed) that the deadlines have been crossed. The last date for finalising admissions, has yet not crossed. The denial of commencement of the academic session would cause extensive financial loss to the petitioner, despite the fulfilment of all essential norms. It is in these peculiar circumstances that the instant order has been passed. In view of the above, the instant order shall not be taken as a precedent, for any other matter.


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