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2014 DIGILAW 1050 (MAD)

D. Bhoobalasamy v. State of Tamil Nadu

2014-05-21

M.SATHYANARAYANAN, SATISH K.AGNIHOTRI

body2014
JUDGMENT 1. The petitioner has filed this writ petition as a Public Interest Litigation in the interest of the general public, more particularly the students community who wish to join engineering colleges in the State of Tamil Nadu. The petitioner, though filed this writ petition as a Public Interest Litigation, has stated that his daughter has completed her higher secondary education in the academic year 2013-2014 and is competing for admission to engineering colleges in the State of Tamil Nadu through the respondents herein and came across severe anomalies in the process, which are being highlighted in the writ petition. Be that as it may, the points urged by the petitioner herein are having importance from the view point of students who are applying for engineering admission to the Government Colleges, Government Aided Colleges and Self-Financing Colleges and therefore, it is treated as a Public Interest Litigation. 2. The petitioner would state that in this State, as on 2012, there are 521 engineering colleges and of these colleges, 29 colleges are coming under the Government and Government Aided group while the remaining colleges are self-financing engineering colleges and the approval for starting engineering colleges is governed by the provisions of the All India Council for Technical Education Act, 1987 (Central Act No.52 of 1987) [in short 'AICTE Act'] and the rules and regulations framed under the said Act. The State Government also plays an important role in the approval process and so also the University to which the colleges seek affiliation. 3. According to the petitioner, most of the engineering colleges do not match the standards as set out under the AICTE Act and the rules and regulations framed under the said Act and the employability of the graduates who are coming out of the said colleges is very poor as the standard of education provided by them is also abysmal. 3. According to the petitioner, most of the engineering colleges do not match the standards as set out under the AICTE Act and the rules and regulations framed under the said Act and the employability of the graduates who are coming out of the said colleges is very poor as the standard of education provided by them is also abysmal. It is further stated by the petitioner that in this State every year about 6 lakhs to 8 lakhs students appear in the Higher Secondary Examinations in all branches and at an average, about 2.5 lakhs students apply for admission in engineering courses and 60% of the students are hailing from rural and semi urban areas and therefore, they are not certainly aware of the factual scenario of each of the colleges and further that they are hailing from middle class and lower income group and most of them studied in Tamil Medium and hence, it is essential that relevant particulars relating to each and every colleges have to be furnished to the students, especially to those who are hailing from rural and semi-urban areas. The petitioner has also invited the attention of this Court to the list of 151 institutions in this State which are having similar names and it is also adding confusion to the students who are seeking admission in those engineering colleges. The petitioner would further state that the University which is having the details of each and every college can provide pass percentage of students in each semester for all the branches in those engineering colleges, enabling the students to assess the performance of the college in which they want to join and continue their education. 4. It is also contended by the petitioner that each and every private colleges are making claim as if their institution is No.1 in terms of academic performance, infrastructure and other facilities and such claims are made in the form of advertisement in newspapers, digital banners etc. 4. It is also contended by the petitioner that each and every private colleges are making claim as if their institution is No.1 in terms of academic performance, infrastructure and other facilities and such claims are made in the form of advertisement in newspapers, digital banners etc. and most of such information are found to be incorrect and wholly false and inspite of the fact that AICTE as well as Anna University are aware of the same, they themselves remain as silent spectators and in this regard, representations have also been submitted to them and those representations received only cold response and therefore, the petitioner came forward to file this writ petition praying for issuance of a Writ of Mandamus directing the respondents to forthwith publish in the booklet issued to the students applying for admission to engineering courses through single window system, the pass out percentage of each of all engineering colleges coming under single window system, by giving separate identification to each of the colleges having similar names and publishing the rank list of the colleges in accordance with the various procedures set forth in the statutes governing the field. 5. In this writ petition, originally five respondents have been shown as parties and subsequently, respondents 6 to 9 came to be impleaded, as per the order passed in M.P.Nos.3 to 5 of 2013 respectively. 6. The respondents 1, 3, 4 and 5 have filed their common counter stating that the affiliation of the colleges is granted only after the grant of approval by AICTE and before awarding affiliation, a committee consisting of various experts of faculties visit the concerned colleges which seek affiliation and ensure the correctness of the facts furnished by the college in their application and based on the reports given by the Expert Committee, affiliation is granted. It is further stated in the counter that infrastructure facilities and other standards of education over and above the norms may vary from college to college and depends upon their personal care and interest, for which the University cannot interfere. It is further stated in the counter that infrastructure facilities and other standards of education over and above the norms may vary from college to college and depends upon their personal care and interest, for which the University cannot interfere. Insofar as the issue of misleading advertisements is concerned, it is stated by the above said respondents that advertising is the prerogative right of the individual colleges which cannot be curtailed by the University, as it has no such powers and if any individual, who is affected by such advertisement, has right to make a specific complaint to the concerned authorities for redressal of his/her grievance. 7. It is also the stand of the above said respondents that when the infrastructure facilities of the colleges are inconsistent with the norms of the affiliation, approval cannot be granted and in the event of any specific complaint, appropriate action against those colleges are taken. The above said respondents would further state that after publication of results, publishing the ranking for every semester may not be practically possible for the University as it is involved in examination activities which are continuing and never ending process and in fact, in the previous occasions, Anna University had been publishing the pass percentage statistics based on the academic performance of all engineering colleges affiliated from 2002 to 2005 well before the commencement of counselling and the publishing of above said statistics had been stopped from 2002 to 2006 and once again the above said statistics were published from 2008 to 2010, but it was stopped from 2011 as some of the associations of engineering colleges had challenged the publication saying that it affects their college admission. The above said respondents have also referred to the order of this Court dated 18.07.2011 made in W.P.No.16376/2011 as well as the order dated 28.02.2013 made in W.A.Nos.1278 and 1279/2011 and the Judgment of the Hon'ble Supreme Court of India in T.M.A. Pai Foundation and Others v. State of Karnataka and Others [ (2003) 6 SCC 697 ] and would submit that the ranking of academic performance is not a constant factor from semester to semester and it is a variable factor and if semester wise academic performance for all the semesters is published, students may get confused and may pave the way for difficulties in exercising their option. As regards similar names of some of the colleges, it is the stand of the respondents that since Code Number is given, it may not lead to the conclusion either for opting the College or opting for the branch and hence, prays for dismissal of the writ petition. 8. The second respondent-All India Council for Technical Education has filed a counter stating that by virtue of Section 10(u) of the AICTE Act, a society by name 'National Board of Accreditation' [in short 'NBA'] for assessment of the colleges has been formed and the objectives of the NBA are to assess and accredit the colleges and/or institutions of technical and professional education etc. It is further contended by the second respondent that once a college apply for accreditation, the Board will conduct detailed inspection, assess and grade the concerned college and it no way grade the college on the basis of the academic mark of the students and it is also not the role of AICTE to rank the colleges on the basis of academic marks and if at any point of time AICTE finds that the infrastructure and other facilities are not up to the norms, a surprise visit is conducted, which is followed by a show cause notice and in the event of lack of infrastructure and other facilities, the approval is withdrawn. Insofar as the institutions having similar names, it is stated by the second respondent/AICTE that differentiation in respect of colleges which are having similar names can be made in the code numbers. However, for the last 3 years, AICTE has not granted approval for colleges with similar names and reiterated the stand that it is for the University to publish results, award degrees and publish ranking list and hence, prays for disposal of this writ petition. 9. However, for the last 3 years, AICTE has not granted approval for colleges with similar names and reiterated the stand that it is for the University to publish results, award degrees and publish ranking list and hence, prays for disposal of this writ petition. 9. M.P.No.2/2013 is filed for ad-interim injunction directing the respondents 3 and 4 to include the particulars in the booklet issued to the students applying for admission to engineering courses through single window system, relating to the percentage of students in each of the colleges coming under the single window system and provide differentiating factors or details with colleges having similar names coming under the single window system and this Court has passed the following interim order on 14.06.2013 : “The 4th respondent Anna University, represented by its Registrar, Guindy, Chennai-25, is directed to publish the pass percentage statistics based on the academic performance of the engineering colleges affiliated to it for the year 2011-2012 forthwith, in the Anna University Website, before the counselling starts on 17.06.2013.” While passing the interim order, this Court also made it clear that it has not gone into the merits of the case and not expressed any opinion with regard to the performance of the private engineering colleges affiliated to Anna University and passed the interim order by taking into consideration the interest and welfare of the students, who applied for admission. 10. Subsequently the writ petition was listed under the caption “For Being Mentioned” at the instance of Anna University wherein the learned Advocate General has submitted that the counselling has already been started on 17.06.2013 for admission under sports quota, industrial quota and other special categories and the actual counselling for general category starts only on 21.06.2013 and hence prays for clarification. This Court, after hearing the learned Advocate General and the learned counsel appearing for the parties, has clarified para 11 of its earlier order, which is as follows: “11. It is to be borne in mind.... The fourth respondent Anna University represented by its Registrar, Guindy, Chennai-25 is directed to publish the pass percentage statistics based on the academic performance of the engineering colleges affiliated to it for the year 2011-2012 forthwith, in the Anna University Website, before the counselling for general category starts on 21.06.2013.” 11. It is to be borne in mind.... The fourth respondent Anna University represented by its Registrar, Guindy, Chennai-25 is directed to publish the pass percentage statistics based on the academic performance of the engineering colleges affiliated to it for the year 2011-2012 forthwith, in the Anna University Website, before the counselling for general category starts on 21.06.2013.” 11. Subsequently, the Association of Management of Coimbatore, Anna University Affiliated Colleges, represented by its President, filed M.P.No.6/2013 praying for ad-interim injunction restraining the respondents from allowing or permitting the colleges/institutions affiliated to Anna University from causing any publication including issuance of pamphlets, claiming their ranks pursuant to the pass percentage assigned by Anna University, pending disposal of the writ petition and it was ordered by this Court on 18.06.2013, granting liberty to the petitioner/6th respondent in the writ petition to take appropriate action in accordance with law, if aggrieved by any misleading advertisement. 12. The 6th respondent made a challenge to the order dated 14.06.2013 made in M.P.No.2/2013 as well as the order dated 18.06.2013 made in M.P.No.6/2013 by filing S.L.P.(C) Nos.19804 and 19805/2013 and the Vacation Bench of the Hon'ble Supreme Court of India has disposed of the said SLPs by observing that they are not inclined to interfere with the impugned order passed at this stage and granted liberty to the 6th respondent or for the University or any other party to move the High Court with appropriate directions and it will also be open to the petitioner to move the High Court for an interim order preventing any individual college from making its advertisement and if any such application is filed, the High Court will consider the same on its own merits. 13. W.P.No.28651/2012 is filed by Minor S.Krishore, represented by his Natural Guardian/Father, praying for issuance of a Writ of Mandamus directing the respondents herein, namely the Secretary of Higher Education Department, the Secretary, Tamil Nadu Engineering Admissions, Anna University Campus and the Controller of Examinations, Anna University to publish the academic performance and ranking of last semester of all the engineering colleges in Tamil Nadu and to publish the same within a week from the date of publication of the results of every semester, in future, in their official website and pass further orders. 14. 14. W.P.No.15113/2013 is filed by Minor M.Boopathy, represented by his Natural Guardian/Father, praying for issuance of a Writ of Mandamus directing the Government as well as the Anna University to publish the percentage of pass of the students in the affiliated colleges in every year, along with the rank list of affiliated colleges based on academic performance, well prior to the schedule of engineering admission counselling every year under single window system. 15. In W.P.No.28651/2012, a Division Bench of this Court, taking into consideration the representation made by the learned counsel appearing for the petitioner that the writ petition is to be tagged along with W.A.No.1278/2011, passed an order directing the Registry to post W.P.No.28651/2012 before the concerned Writ Court on 01.04.2013. W.P.No.15113/2013, which is also for similar prayer, was also directed to be posted along with W.P.No.11429/2013 and hence the above said two writ petitions are taken up along with W.P.No.11429/2013. No counter affidavit has been filed in W.P.Nos.28651/2012 and 15113/2013. 16. This Court heard the submissions of the respective learned counsel appearing for the writ petitioners, learned Advocate General appearing for the official respondents and the respective learned counsel appearing for the private respondents. This Court has also perused the materials available on record in the form of typed set of documents, to which it's attention was drawn. 17. The All India Council for Technical Education (AICTE) was set up in the year 1945, wherein a resolution was passed by the Government as a National Expert Body to advise the Central and State Governments for ensuring the co-ordinated development of technical education in accordance with approved standards and in order to confer statutory powers, The All India Council for Technical Education Act, 1987 (Central Act No.52 of 1987) came to be passed. The Act gives powers and functions to AICTE for laying down norms and standards for programmes and institutions, giving approval for setting up of technical institutions, prescribing guidelines for admission of students and the charging of fees and inspecting and evaluating institutions periodically with a view to maintaining standards and to provide recognition or withhold recognition of programmes and institutions and other objectives. 18. 18. Section 10 of the AICTE Act speaks about powers and functions of the Council and as per Sub-Section(i) to Section 10, the Council may lay down norms and standards for courses, curricula, physical and instructional facilities, staff pattern, staff qualifications, quality instructions, assessment and examinations and Sub-Section (p) to Section 10 gives power to inspect any technical institution. Section 11 of AICTE Act gives power to AICTE to make inspection for the purpose of ascertaining the financial needs of technical institution or a University or its standards of teaching, examination and research etc. Section 22 provides for power to make rules and Section 23 provides for power to make regulations and Section 24 says that every rules and regulations made under this Act, shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a period of thirty days. Thus AICTE Act gives complete power to All India Council for Technical Education for regulation and proper maintenance of norms and standards and for that they are having power to inspect and evaluate institutions periodically with a view to maintaining standards and to provide recognition or withhold recognition of programmes and institutions. 19. Anna University Act, 1978 came to be passed for the establishment of specialized University in technical education and by an amendment in the year 2010, Unitary type University came to be established by starting Anna University of Technology at Coimbatore, Madurai, Trichy and Tirunelveli and later, the said system was abolished and now only one University, namely Anna University is functioning at Chennai. Section 5 of the Anna University Act, 1978 (Tamil Nadu Act 30 of 1978) speaks about powers and functions of the University. Sections 29 to 32 of the Act speaks about statutes, ordinance and regulations. 20. Ramprasanth, Son of Neeliyan, has filed W.P.No.16376/2011 praying for issuance of a Writ of Mandamus directing the Secretary, Tamil Nadu Engineering Admissions, Anna University, Chennai, Controller of Examinations, Anna University of Technology, Chennai, Coimbatore, Tiruchirapallai and Tirunelveli to issue rankings based on academic performance of colleges falling within its purview and regulated by the respondents 2 to 6 and whose seats are offered in Tamil Nadu Engineering Admission system, both in a centralized and zonal manner. A learned Single Judge of this Court, after considering the rival submissions, has disposed of the writ petition on 18.07.2011 and it is relevant to refer to the operative portion of the said order: “6. The said submission made by the learned senior counsel appearing for the petitioner is reasonable and the same is based on sound principles. The University is bound to disclose the academic ranking of the affiliated colleges to promote the interest of students, particularly when the number of Engineering Colleges in the State of Tamil Nadu is more than 500. The respondents are also conducting examinations and all records relating to academic performance are available with them. If the same are not disclosed, the students will not know which colleges are maintaining excellence. Hence, the petitioner is permitted to make a representation before the concerned Controller of Examinations of the respective Universities as well as the Registrar of the concerned Universities within a period of two days and the appropriate authorities are directed to publish the academic rankings of all affiliated self financing Colleges under their region and inform the same to the petitioner and make it public within a period of one week from the date of receipt of the copy of representation of the petitioner.” 21. Association of Self Financing Professional-Engineering Colleges affiliated to Anna University, Trichy and Coimbatore filed W.A. Nos.1278 and 1279 of 2011, challenging the legality of the order dated 18.07.2011 made in W.P.No.16376/2011 and a Division Bench of this Court, vide common judgment dated 28.02.2013, has disposed of the said writ appeals as infructuous and nothing survives for adjudication. In the considered opinion of the Court, W.P.No.16376/2011 is not related to any particular academic year and based on the representations made by the Association of Self Financing Professional Engineering Colleges affiliated to Anna University, Trichy and Coimbatore, the Division Bench of this Court has disposed of the writ appeals on 28.02.2013 observing that the writ appeals have become infructuous and therefore, this Court is of the view that the order dated 18.07.2011 made in W.P.No.16376/2011 still holds good and it is pertinent to point out at this juncture that the Association of Self Financing Professional Engineering Colleges affiliated to Anna University is a party to W.P.No.11429/2013 and no arguments were advanced on their behalf with regard to the above said order passed in the writ petition. 22. 22. The learned Advocate General has invited the attention of this Court to the information about the colleges in respect of Tamil Nadu Engineering Admissions 2014. The said information is in the form of voluminous booklet and it gives the list of University Departments, Constituent Colleges, Government Colleges, Government Aided Colleges, Central Institutes and Self Financing Engineering Colleges which are numbering 538. The booklet also contains the details of the branches and colleges along with Tamil Engineering Admission Code No. of the respective colleges offering the branch with branch code also. It also provides information to the candidates in the form of note to the candidates and it is relevant to extract the same: “NOTE TO THE CANDIDATES 1. The details given in this booklet are as received from the colleges concerned. 2. The tuition fee will be collected as per Government norms. 3. The hostel charges and transportation charges are given in this booklet. The candidates are advised to note these charges before making a choice. 4. Request for change from one college to another or change of branch will not be entertained. 5. Some of the colleges have not furnished complete information. Those colleges may be contacted directly, if the candidates so desire. 6. The courses/branches indicated in this booklet are based on the supporting documents such as approval and University affiliation. Any change in the existing branches/intake or if approval is obtained from the competent authority for additional intake in the existing branches or for any new branches in colleges before the commencement of counselling, such of those details will be hosted in Anna University website and included in the display during counselling. It is the responsibility of the candidates to note carefully such additional information before exercising their option for the college and branch. 7. Intake and admission details of the colleges during the last 3 years are available in the website www.tndte.com or www.annauniv.edu/tnea2014” A format has also been evolved for the University Department of Anna University, Constituent Colleges, Government Colleges, Government Aided Colleges, Cental Institutes and more particularly, Self-Financing Engineering Colleges and also published in the booklet for information to candidates and it is relevant to extract the format: Name of the Principal/Dean Bank A/c No. Address Bank Name Name of the Principal/Dean Bank A/c No. Phone Distance in KM from Dist. HQ Fax Nearest Railway Station Email-ID Distance in KM from Nearest Railway Station Website No. Branch Code (In Alphabetical Order of Branch) Approved Intake Year of Starting of course Whether NBA accreditated (Y/N) Accreditation valid upto 1. 2. 3. 4. 5. Hostel Facilities Boys Girls Accommodation Available for UG Permanent or Rental (P/R) Types of Mess (Veg/NV) Mess Bill in Rs./Month Room Rent (Rs./Month) Electricity Charges (Rs./Month) Caution Deposit in Rs. Establishment Charges (Rs./Yr) Admission Fee (Rs./Yr) Transport Facilities (Y/N) Transport Optional or Compulsory Min Transport Charges/Year in Rs. Max Transport Charges/Year in Rs. Minority Status 23. It is the stand of the respondents 1, 3, 4 and 5 in W.P.No.11429/2013 that in the previous occasions they were publishing pass percentage statistics based on the academic performance of all engineering colleges affiliated from 2002 to 2005 and it was stopped between 2006 to 2008 and again after a break of three years, it started publishing the statistics from 2008 to 2010, but this process stopped from 2011 as some of the associations of Engineering Colleges had challenged the publication saying that it affects their college admission. It is the stand of the Association of Management of Coimbatore Anna University affiliated colleges, which is the petitioner in M.P.No.4/2013 that as per clause 4.2 of National Board of Accreditation, it has to access and grade colleges and/or institutions of technical and professional education, the courses and programmes offered by them, their various units, faculty, department etc., and as such, grading of colleges can be done only by an expert body constituted for such purpose by taking into consideration various inputs not on the basis of arithmetical reproduction of the results in the previous semester. 24. AICTE, who is arrayed as the second respondent in W.P.No.11429/2013, took a stand that as per Section 10(u) of the AICTE ACT, NBA is a society and its objective is to assess and accredit the colleges and/or institutions of technical and professional education etc., and once a college applies for accreditation, the board will conduct a detailed inspection and assess and grade the concerned college and the same is not in any way grade the college on the basis of the academic mark of the students and it is not the role of AICTE to rank the colleges on the basis of academic marks. It is also contended by AICTE that if at any point of time it finds that the infrastructure and other facilities are not up to the norms, a surprise visit is conducted, followed by a show cause notice, which may lead to the withdrawal of the approval and it not having any role in publishing the ranking list as it is only the University which can do so. 25. Section 10(u) of the AICTE Act speaks about setting up of National Board of Accreditation to periodically conduct evaluation of technical institutions or programmes on the basis of guidelines, norms and standards specified by it and to make recommendation to it, or to the Council, or to the Commission or to other bodies, regarding recognition or de-recognition of the institution or the programme. A perusal of the information to the candidates in the form of booklet published by Anna University would disclose that such accreditation is not mandatory and the option is left to the concerned individual institution to go for such accreditation. 26. This Court in the earlier paragraphs pointed out that the order dated 18.07.2011 made in W.P.No.16376/2011 covers the issue as the learned Single Judge of this Court in para 6 of the said order held that the University is bound to disclose the academic ranking of the affiliated colleges to promote the interest of students, particularly when the number of Engineering Colleges in the State of Tamil Nadu is more than 500 and all the records relating to academic performance are available with them and if the particulars are not disclosed, students will not know which colleges are maintaining excellence and liberty was also granted to the petitioner to make representation and on receipt of the representation, the Anna University and other official respondents are directed to publish the academic rankings of all affiliated self financing colleges under their region and inform the same to the petitioner and make it publish within a period of one week from the date of receipt of a copy of the representation. 27. Association of Self Financing Professional Engineering Colleges affiliated to Anna University, Trichy as well as Coimbatore made a challenge by filing W.P.Nos.1278 and 1279 of 2011 respectively and the said writ appeals were dismissed as infructuous. 27. Association of Self Financing Professional Engineering Colleges affiliated to Anna University, Trichy as well as Coimbatore made a challenge by filing W.P.Nos.1278 and 1279 of 2011 respectively and the said writ appeals were dismissed as infructuous. It is very pertinent to point out at this juncture that the Association of Self Financing Professional Engineering Colleges affiliated to Anna University, represented by Mr.M.Subramanian, who is the appellant in W.A.No.1278/2011, is also arrayed as 6th respondent in W.P.No.11429/2013. 28. This Court in earlier paragraphs has held that the order dated 18.07.2011 made in W.P.No.16376/2011 not pertain to any academic year and the Writ Appeal Nos.1278 and 1279/2011 having been dismissed, confirming the orders passed in the above said writ petition, the direction issued therein is having force as on today, as the same official respondents in the above said writ petitions were also arrayed as official respondents in W.P.No.11429/2013 also and therefore, they are bound by the said order. In fact the representation dated 26.03.2013 submitted by Thiru.S.K.Natarajan was received during first week of April 2013 and it was followed by a reminder dated 03.04.2013 and it was acknowledged by Anna University and therefore, they are under obligation and bound to comply with the order dated 18.07.2011 made in W.P.No.16376/2011. 29. The respondents 1, 3, 4 and 5 in their counter affidavit in W.P.No.11429/2013 also took a fair stand in para 7 that in fact they were publishing pass percentage statistics based on the academic performance of all engineering colleges affiliated from 2002 to 2005 and it was stopped between 2006 to 2008 and again it was published between 2008 to 2010 and it was stopped from 2011 as some of the associations of engineering colleges had challenged the publication saying that if affects their college admission. The sixth respondent in W.P.No.11429/2013 during the course of arguments made on their behalf, have not brought to the knowledge of this Court about any pending litigation restraining Anna University from publishing pass percentage statistics based on the academic performance of engineering colleges or any interim order restraining them from doing so and therefore, there is no impediment to publish pass percentage statistics based on the academic performance of engineering colleges. 30. 30. A Division Bench of Kerala High Court has passed an order dated 28.06.2012 in I.A.No.358/2011 in W.A.No.2014 of 2010, wherein it has gone into the similar issue and directed the Government to form a committee to inspect the infrastructural and instructional facilities in 105 engineering colleges falling under the Government Aided and Self Financing sectors and the report speaks more of inadequacies than compliance with the norms of the AICTE for running the colleges and therefore opined that the colleges which do not have at least 40% pass for the students in the last 3 years should be ordered to be closed down, leaving such course of action to the State, University concerned and also to the AICTE to ensure that colleges impart quality education to students. The Kerala High Court has also directed the Universities to publish in their website the examination results of all the engineering colleges affiliated to them in all subjects for the year 2009, 2010 and 2011 for information of the student community about the performance of Colleges within a week from the date of receipt of a copy of this order. 31. In the considered opinion of the Court, more or less similar direction is also required in these cases also as it concern the future welfare of the students who apply for admission to various branches in engineering colleges and it is to be noted at this juncture that most of them are hailing from rural and semi urban areas and some of them may be first graduates in their families also. Insofar as misleading advertisements issued by self-financing engineering colleges is concerned, this Court is of the view that they can effect publication or advertisement either through visual or print media or through digital/flex boards only after the publication of pass percentage statistics published by Anna University in terms of this order. 32. The Hon'ble Supreme Court of India in State of Orissa and Another v. Mamata Mohanty [ (2011) 3 SCC 436 ] has spoken about the object and role of education and importance of academic excellence of teachers and the same is extracted below: “29. Education is the systematic instruction, schooling or training given to the young persons in preparation for the work of life. It also connotes the whole course of scholastic instruction which a person has received. Education is the systematic instruction, schooling or training given to the young persons in preparation for the work of life. It also connotes the whole course of scholastic instruction which a person has received. Education connotes the process of training and developing the knowledge, skill, mind and character of students by formal schooling. The excellence of instruction provided by an educational institution mainly depends directly on the excellence of the teaching staff. Therefore, unless they themselves possess a good academic record/minimum qualifications prescribed as an eligibility, it is beyond imagination of anyone that standard of education can be maintained/enhanced. "18...We have to be very strict in maintaining high academic standards and maintaining academic discipline and academic rigour if our country is to progress". ****** "30... Democracy depends for its very life on a high standard of general, vocational and professional education. Dissemination of 'learning with search for new knowledge with discipline all round must be maintained at all costs". (Vide: The Sole Trustee Loka Shikshana Trust v. The Commissioner of Income Tax, Mysore, AIR 1976 SC 10 ; Frank Anthony Public School Employees' Association v. Union of India & Ors., AIR 1987 SC 311 ; Osmania University Teachers' Association v. State of Andhra Pradesh & Anr., AIR 1987 SC 2034 ; and Director (Studies), Dr. Ambedkar Institute of Hotel Management, Nutrition & Catering Technology, Chandigarh & Ors. v. Vaibhav Singh Chauhan, (2009) 1 SCC 59)” ............ 31. The Court in Meera Massey case [ (1998) 3 SCC 88 ] further observed as under: "24. University imparts education which lays foundation of wisdom. Future hopes and aspiration of the country depends on this education, hence proper and disciplined functioning of the educational institutions should be the hallmark. If the laws and principles are eroded by such institutions it not only pollutes its functioning, deteriorating its standard but also exhibits to its own students the wrong channel adopted. If that be so, how could such institutions produce good citizens? It is the educational institutions which are the future hope of this country. They lay the seed for the foundation of morality, ethics and discipline. If there is any erosion or descending by those who control the activities all expectations and hopes are destroyed." ..... 33. If that be so, how could such institutions produce good citizens? It is the educational institutions which are the future hope of this country. They lay the seed for the foundation of morality, ethics and discipline. If there is any erosion or descending by those who control the activities all expectations and hopes are destroyed." ..... 33. In view of the above, it is evident that education is necessary to develop the personality of a person as a whole and in totality as it provides the process of training and acquiring the knowledge, skills, developing mind and character by formal schooling. Therefore, it is necessary to maintain a high academic standard and academic discipline along with academic rigour for the progress of a nation. Democracy depends for its own survival on a high standard of vocational and professional education. Paucity of funds cannot be a ground for the State not to provide quality education to its future citizens. It is for this reason that in order to maintain the standard of education the State Government provides grant-in-aid to private schools to ensure the smooth running of the institution so that the standard of teaching may not suffer for want of funds.” 33. In the result, all the writ petitions are disposed by issuing the following directions: (1) Anna University represented by its Vice Chancellor, Guindy and its Registrar and the Secretary, Tamil Nadu Engineering Admissions, Anna University are directed to publish pass percentage statistics based on the academic performance of its Departments, Constituent Colleges, Government Colleges, Government Aided Colleges, Central Institutes and Self Financing Engineering Colleges, as has been done by them from the year 2002-2005 and 20082010 as well as in compliance of the interim order passed in W.P.No.11429/2013 and the order dated 18.07.2011 made in W.P.No.16376/2011, in their websites; (2) The respondents 4 and 5 in W.P.No.11429/2013 are directed to publish a separate list of engineering colleges with similar or identical names along with Code Numbers apart from the information about the Colleges in their websites; (3) AICTE as well as the sixth respondent is also at liberty to initiate appropriate criminal and civil action in accordance with law against concerned institutions, which are using similar/identical and misleading names. (4) AICTE as well as Anna University are directed to conduct periodical inspection of the Government Colleges, Government Aided Institutions, Central Institutes and Self Financing Engineering Colleges as to the availability of infrastructure and other facilities and also with regard to compliance of all other norms in accordance with the Statutes, rules and regulations framed under AICTE Act and Anna University Act respectively and also ensure that academic standards and excellence are maintained by the concerned institutions. (5) The directions 1 and 2 shall be published in the official website namely, www.tndte.com and www.annauniv.edu/tnea2014 within a period of two weeks from the date of receipt of a copy of this order or before the start of counselling process, whichever is earlier. No costs. Consequently, connected miscellaneous petitions are closed.