(Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Certiorari, calling for the records relating to the order of the first respondent dated 31.07.2025 in Lr.No.389/CA1/AU/2025 and the order of the first respondent dated 03.09.2025 in Lr.No.455/CAI/AU/2025 and quash the same.)

1. This writ petition is filed for issuance of a writ of certiorari, calling for the records relating to the order of the first respondent dated 31.07.2025 and 03.09.2025 and to quash the same.

2. By the order dated 31.07.2025, the first respondent, namely Anna University, after inspection, pointed out deficiencies in respect of various programmes started by the petitioner institution and held that since the critical deficiencies remained unrectified, the University had decided to suspend the said programmes for the academic year 2025–2026, based on the recommendations of the 122nd Syndicate Committee Approval (SCA) as approved by the Convener Committee of the University. The deficiencies are tabulated in paragraph No.14 and the same are extracted hereunder for ready reference:

                   “14. However, the following programme(s) has/have not met the minimum criteria prescribed by the University, based on the verification of availability of a qualified Principal, sufficient faculty strength, laboratory and library facilities and classroom adequacy.

                   

3. Further, by the order dated 03.09.2025, the grant of affiliation was also rejected in respect of all the seven courses citing the very same deficiencies. With reference to the MBA course, even though all the deficiencies were rectified and the minimum criteria stood satisfied, affiliation was not granted for the academic year 2025–2026 on the ground that the cut off date fixed by the Hon’ble Supreme Court of India expired on 14.08.2025.

4. Heard Mr. K.Selvaraj, the learned counsel appearing on behalf of the petitioner and perused the affidavit filed in support of the writ petition and the material records.

5. The learned counsel appearing for the petitioner would submit that, as far as the MBA programme is concerned, there is no deficiency. In view of the fact that no student was allotted under the Government quota, all the 60 seats were filled under the management quota and the students are undergoing the course. When all the academic and other infrastructural requirements are complied with by the petitioner institution, affiliation to the course for the academic year 2025–2026 cannot be declined merely on the ground of the last date for grant of affiliation for the current year expired on 14.08.2025. It is further submitted that this very issue has already been decided by this Court in W.P. No.33710 of 2025, which was filed by a similarly placed institution, wherein it was held that when the petitioner institution has fulfilled the minimum criteria, affiliation cannot be denied on the ground of the cut-off date. It is stated that the University, being aggrieved by the said order, approached the Hon’ble Division Bench in W.A.No.3640 of 2025, the same was dismissed, pursuant to which the University granted affiliation to the said institution. Therefore, the learned counsel would submit that, as far as the MBA course is concerned, affiliation should be granted and the admission of all 60 students should be regularised from the academic year 2025–2026 itself.

6. With reference to the other courses, the learned counsel appearing for the petitioner would submit that though certain deficiencies were pointed out in the second impugned order with reference to teaching faculty and other aspects, the same have also been rectified. Since the students are already admitted, if an inspection is conducted and the University is satisfied, affiliation can be granted even for the academic year 2025–2026. Therefore, the learned counsel would submit that, to that extent, this Court should interfere.

7. Per contra, Mr.U.Bharanidharan, the learned counsel appearing on behalf of the respondents 1 & 3 would submit that, as far as the MBA programme is concerned, though the deficiencies were rectified, the same was done beyond the cut-off date fixed for admission. The cut-off date and the admission schedule for MBA courses are fixed and approved by the Hon’ble Supreme Court of India and therefore, unless the institution obtains an extension of time from the Hon’ble Supreme Court of India, neither the University nor any other authority can grant affiliation or regularize the admission of students beyond the cut-off date.

8. The learned counsel appearing on behalf of the respondents 1 & 3 would also place on record the academic calendar for the year 2025–2026, which was issued pursuant to the schedule fixed by the Hon’ble Supreme Court of India. As per the same, the last date for grant of affiliation by the University expired on 14.08.2025. The learned counsel would also rely upon the judgment of the Hon’ble Supreme Court in Parshavanath Charitable Trust and Others vs. All India Council for Technical Education & others, Civil Appeal No.9048 of 2012, for the proposition that no other body or even the High Court, in exercise of powers under Article 226 of the Constitution of India, can interfere with the schedule that is issued after due approval/fixation by the Hon’ble Supreme Court of India.

9. With reference to the other courses, the learned counsel for the respondents 1 & 3 would submit that it is due to the petitioner’s own conduct that the institution is now claiming to have complied with the requirements. The timeline for grant of affiliation for the next academic year has already commenced and therefore, the University will conduct an inspection and if all the criteria are fulfilled or satisfied, affiliation will be granted for the academic year 2026–2027. As far as the admissions that is made for the academic year 2025–2026 are concerned, the students will necessarily have to be shifted to some other institutions. Vacancies are available and if the students give their willingness, the University will facilitate their shifting to some other institution so that they are not affected.

10. I have considered the rival submissions made on either side and perused the material records of the case.

11. Firstly, with reference to the MBA course, it is true that the Hon’ble Supreme Court of India fixes the time schedule in respect of admission programmes for various professional and other courses and such time schedule cannot be meddled with or interfered by any other authority, including this Court, in exercise of powers under Article 226 of the Constitution of India. However, in the instant case, the issue is not extending the last date of admission but with reference to the last date of grant of affiliation, which expired on 14.08.2025. This Court, speaking through Hon’ble Mr.Justice G.K.Ilanthiraiyan, had considered the issue in W.P.No.33710 of 2025 and held that such a cut-off date cannot be put against the petitioner and directed grant of affiliation and also approval of the students who were already admitted for the academic year 2025–2026. It is now brought to the notice of this Court that the Hon’ble Division Bench has also confirmed the said view.

12. In view thereof, when the matter has been decided inter partes, specifically with reference to the current academic year, the MBA programme, and the cut-off date, I am of the view that the respondents cannot again press into service the very same argument of the cut-off date having expired on 14.08.2025. It is stated that because there was no allotment under the Government quota, the management has filled up the seats on its own. Considering the fact that the students were not allotted, only because the affiliation was yet to be granted, the management is not fully justified in filling up all the 60 seats. However, since the institution is starting the course and considering the complexity involved in starting a course, the action can be ratified and rectified in the ensuing years. Though normally telescoping of quota or seats is not permitted, considering the extraordinary situation that has arisen and the fact that the students have already been admitted and are undergoing the course with due infrastructure and teaching facilities and further considering that the University itself in the impugned order dated 03.09.2025 in Lr.No. 455/CAI/AU/2025 has stated that the minimum requirements have been complied with, the action of the management in filling up all the 60 seats can be condoned, subject to the condition that for the next academic year, all the 60 seats shall be allotted only through Government quota. Only if such students do not join the institution, the remaining vacancies can be filled up under the management quota.

13. With reference to the other courses, it is the contention of the University that deficiencies were pointed out and the petitioner institution claims to have rectified the same by appointing additional faculty and by retaining eligible faculty towards the minimum requirement. It is stated that a total number of 126 students have been admitted, of which 77 students were admitted under lateral entry in the second year and 26 students were admitted in the first year. This issue can also be resolved.

14. Let the University inspect and consider the affiliation as expeditiously as possible, as if it is considering the affiliation for the academic year 2026–2027. However, if the University finds that the institution has satisfied all the requisite requirements, then for the academic year 2025–2026 in respect of the students admitted, provisional affiliation shall be granted, without reallocating them to any other college. On the contrary, if upon inspection any deficiencies are still found, the institution, after getting the consent from the students, shall agree for reallocation and the University shall facilitate reallocation to other approved institutions.

15. In view thereof, this writ petition is allowed on the following terms:

                   (i) With reference to the MBA course, the respondent University shall grant regular affiliation for the academic year 2025–2026 and approve the admission of all the 60 students. For the ensuing academic year 2026–2027, all the 60 seats shall be filled only by allotment from the Government quota and only if any seat remains unfilled, the petitioner institution can fill such seats under the management quota.

                   (ii) As far as the other courses are concerned, the University shall conduct a fresh inspection as expeditiously as possible and if the petitioner satisfies all the minimum requirements, grant regular affiliation from the academic year 2026–2027.

                   (iii) As far as the existing batch of students is concerned, provisional affiliation shall be granted, their admissions shall be regularised and they shall be permitted to continue the course and degrees be awarded upon successful completion. If, upon inspection, deficiencies are again noted, the petitioner institution and the students shall have no option but to get reallocated to other institutions and the University shall facilitate such reallocation to other recognized institutions.

                   (iv) Needless to mention that since this Court has directed regularization of the admission of the students as above, if any examination is coming forth immediately, they shall be permitted to appear for the examination.

                   (v) The authorities shall act on the web copy of this order without waiting for the certified copy of the order. Consequently, connected miscellaneous petition are closed. No costs.