SENGUNTHAR CHARITABLE TRUST Vs. ALL INDIA COUNCIL FOR TECHNICAL EDUCATION

JUDGEMENT

(1.) In W.P.No.5715 of 2010, the petitioner has prayed to quash the order passed by the second respondent dated 28.10.2009, wherein the request of the petitioner to convert the Sengunthar College of Engineering for Women, Tiruchengode into Co-Education College, as the said decision is arbitrary, unreasonable and violative of Articles 14 and 19(1)(g) of the Constitution of India and consequently direct the respondents to consider the petitioner's application dated 24.10.2009 for conversion of 'Senthunthar College of Engineering for Women', Tiruchengode into a co-education by treating it as a college established under general category and accord necessary approval from the academic year 2010-2011.

(2.) The case of the petitioner in W.P.No.5715 of 2010 is that the petitioner is a Trust created under the Registered Trust Deed dated 14.12.1995 with an object of establishing educational institutions among other things. In the year 2004, the trust decided to start an Engineering College in Tiruchengode town to cater the education needs of the poor students and resolved to start Engineering College for Women. The petitioner Trust acquired lands for an extent of 12.84 acres in Tiruchengode, Namakkal District. After the purchase of the lands, buildings were constructed with all amenities as per the requirements laid down by the first respondent for an Engineering College of general category. According to the petitioner, there was no additional requirement for conducting engineering course exclusive for women. There is no difference with regard to the requirements whether the institution is for general category or for women alone. After the completion of 60% of the construction, the Trust made an application before the second respondent on 31.1.2007 for the grant of approval for establishment of new Engineering college, namely, "Sengunthar College of Engineering for Women" for Under Graduate Degree courses from the academic year 2007-2008 in four branches i.e., B.E. Computer Science and Engineering, B.E.Electronics & Communication Engineering, B.Tech Information Technology and B.E. Medical Electronics Engineering.

(3.) The second respondent by letter dated 3.5.2007 directed the petitioner to deposit a sum of Rs.35 lakhs in the form of Fixed Deposit jointly in the name of the second respondent and the petitioner Trust towards Refundable Performance Guarantee Fee and for a sum of Rs.50,000/- towards visiting fee. The said direction was complied with and after inspection, by order dated 12.7.2007, the first respondent accorded its approval for the petitioner's Engineering College with total annual students of 240 i.e. 60 in each branch from the academic year 2007-2008. The petitioner subsequently obtained approval from the first respondent for conducting Master of Computer Applications (MCA) from the academic year 2008-2009 with an annual intake of 60 students by order dated 17.7.2008. According to the petitioner, after according necessary approval during the middle of the academic year 2007, the first respondent issued an advertisement in newspapers and declared a new policy giving certain concessions exclusively for women in respect of land requirement, fixed deposit and built up area. According to the petitioner, the petitioner Trust did not avail the said concessions at all and the application was submitted even prior to the announcement of the new policy. The petitioner commenced its engineering course in the college from the academic year 2007-2008 and the number of students admitted in the college are as follows:- <FRM>JUDGEMENT_588_TLMAD0_2010Html1.htm</FRM>