JUDGMENT (Prayer: Writ petition filed under Article 226 of the Constitution of India for writ of certiorarified mandamus calling for the records of the respondent culminating in the impugned letter dated 18.02.2022 vide Lr.No.717/CAI/AU/2022 and QUASH the same and issue direction to the respondent to grant provisional affiliation for 5 years B.E. Courses recognized AICTE by for the Academic Year 2021-2022.) 1. This writ petition has been filed challenging the impugned letter dated 18.02.2022 rejecting the petitioner college seeking for provisional affiliation for three additional B.E.Courses (Agricultural Engineering, Bio Medical Engineering and Marine Engineering) for the academic year 2021-22 on the ground that the petitioner college remitted the affiliation fee of Rs.2,40,000/- only on 13.10.2021 beyond the deadline fixed for the said payment which is on 10.10.2021. 2. The petitioner has challenged the impugned letter on the following grounds: (a) The respondent is aware that the extension of approval was granted on 10.07.2021, by the All India Council for Technical Education (herein after referred to as “AICTE”), while the request made by the petitioner for surrender and addition of courses was pending consideration of AICTE. In pursuance of the order dated 12.08.2021 passed by the Hon'ble First Bench of this Court in W.P.No.7969 of 2021, AICTE chose to reject the request for surrender and addition of Courses of the petitioner only on 24.09.2021. Hence, no fault can be attributed to the petitioner. On the other hand, AICTE had chosen to give, approval for addition and reduction of courses for 20 colleges pursuant to the abovementioned order dated 12.08.2021. On 05.10.2021, AICTE had written to the respondent to grant affiliation to twenty institutions as special case. Therefore, the reason set out in the impugned letter dated 18.02.2022 that the affiliation fees was remitted on 13.10.2021 after commencement of TNEA counselling on 27.09.2021, is unreasonable, arbitrary and violation of Article 14 of the Constitution of India. (b) The respondent is well aware that the AICTE itself had revised its academic calendar for academic year 2021-2022. It had sought the approval of the Hon'ble Supreme Court. The Hon'ble Supreme Court by its order dated 25.10.2021 accepted the same. It can been seen from the revised academic calendar of AICTE that the last date for admission of 1st year students in engineering college was extended upto 30.11.2021. It is admitted in the impugned letter that the affiliation fees was remitted on 13.10.2021. The Hon'ble Supreme Court by its order dated 25.10.2021 accepted the same. It can been seen from the revised academic calendar of AICTE that the last date for admission of 1st year students in engineering college was extended upto 30.11.2021. It is admitted in the impugned letter that the affiliation fees was remitted on 13.10.2021. So there was no impediment to the respondent to grant affiliation for B.E. courses having extension of approval as early as on 10.07.2021 from AICTE. (c) This Court by its order dated 16.12.2021 was conscious in declining the 2nd Part of the Prayer in W.P.No.26813/2021 while directing the respondent to consider the grant of provisional affiliation for the academic year 2021-2022. The impugned letter refers to commencement of TNEA counselling on 27.09.2021 as a reason for denial by specious reason that remittance of affiliation fees has taken place after the commencement counselling which shows a clear non application of mind, on the part of the respondent to (a) the order dated 12.08.2021 passed in W.P.No.7969/2021, (b) the order of the Apex Court dated 25.10.2021 passed in M.A.1658/2021 in C.A.No.9048/2012, (c) the order of this Court dated 16.12.2021 passed in W.P.No.26813/2021, filed by the petitioner and (d) the direction of AICTE calling upon Respondent to grant approval for twenty institutions on 05.10.2021. (d) The rejection of the request for grant for provisional affiliation in respect of petitioner college having recognition for BE courses for the Academic year 2021-2022 vide Extension of approval by AICTE dated 10.07.2021 and that too, when the college having remitted the affiliation fee on 13.10.2021, in the light of the order of the Hon'ble Supreme Court approving revised academic calendar, which has extended the last date for admission to Engineering courses upto 30.11.2021. (e) The inaction on the part of the respondent, by not considering the representation dated 25.10.2021 of the petitioner which brought to the notice of the respondent that revised academic calendar of AICTE, dated 25.10.2021 has come into effect. The denial of grant of provisional affiliation for academic calendar 2021-2022 is arbitrary and clear violation of Article-14 of the Constitution of India and shows hostile discrimination against the petitioner college. (f) The impugned letter has not taken into account the decision of Government of Tamil Nadu to hold second phase of counselling to fill the vacant seats in all engineering colleges in Tamil Nadu vide G.0. (f) The impugned letter has not taken into account the decision of Government of Tamil Nadu to hold second phase of counselling to fill the vacant seats in all engineering colleges in Tamil Nadu vide G.0. (Ms) No.235 dated 25.11.2021 and the communication of Directorate of Technical Education dated 26.11.2021. The respondent is bound by the above Government Order and communication of Directorate of Technical Education. Hence, the refusal to grant of provisional affiliation to the petitioner through the impugned letter is clearly illegal and has to be set aside. (g) The college has created huge infrastructure, hired necessary faculty for the Engineering Courses which had provisional affiliation from respondent University and approval from AICTE from 2011-2012. 3. A counter affidavit has been filed by the respondent stating as follows: (a) Nothing survives for adjudication in this writ petition as the petitioner has sought for provisional affiliation for the academic year 2021- 2022 whereas the process of granting affiliation to the eligible colleges for the academic year 2021-2022 is in progress. The petitioner college is not entitled to admit the candidates for the second year under lateral entry as affiliation has not been granted for the particular batch namely for the academic year 2021-2022. (b) The Petitioner college has submitted their application for grant of provisional affiliation for the academic year 2021- 2022 on 16.04.2021. Subsequently, on obtaining the extension of approval for the existing courses from AICTE on 10.07.2021, the Petitioner college has submitted the said extension of approval for existing courses with respect to the academic year 2021-2022 only on 07.08.2021. It is pertinent to submit that the Petitioner college stated in the said representation dated 07.08.2021 that they have applied for additional courses and AICTE did not consider their request. Further AICTE issued EOA for the academic year 2021-2022 without any changes. The petitioner college further requested to grant the provisional affiliation based on extension of approval by AICTE with respect to existing courses. On 09.08.2021, the respondent sent a demand statement for payment details, payment receipts and undertaking from the petitioner college. The petitioner college was directed to remit the affiliation fees as specified in the demand statement immediately for grant of affiliation, after deducting the amount already paid. In spite of demand from the respondent, the petitioner college did not pay the affiliation fee. The petitioner college was directed to remit the affiliation fees as specified in the demand statement immediately for grant of affiliation, after deducting the amount already paid. In spite of demand from the respondent, the petitioner college did not pay the affiliation fee. (c) The respondent sent another demand letter to the Petitioner college on 02.09.2021 wherein it is clearly mentioned that as per the revised academic calendar of AICTE, the last date for granting affiliation by the University is 03.09.2021. Hence the petitioner college was requested to pay the affiliation fee and also to submit the undertaking along with AICTE approval copy for the courses on or before 03.09.2021 to the University for the grant of provisional affiliation for the academic year 2021-2022, failing which the affiliation details will not be sent to the Directorate of Technical Education for further processing. (d) Even prior to that, the respondent by its letter dated 27.08.2021 sent a demand reminder letter to all the affiliated colleges informing about revised academic calendar of AICTE and requested the affiliated colleges to submit statutory documents and AICTE/COA/DGS approval copy on or before 31.08.2021 for grant of affiliation. Despite all this demands and reminders, the Petitioner college has not paid the affiliation fees knowing fully well that provisional affiliation will not be granted unless the affiliation fee is paid in stipulated time and date for remitting the affiliation fee as demanded. Since the petitioner college did not remit the affiliation fee in time, provisional affiliation is not granted and the respondent did not forward the course details of the petitioner college to the Directorate of Technical Education for further processing which includes TNEA counselling. On 01.09.2021, the AICTE released its notice stating that the last date for grant of affiliation of institution with University is extended upto 03.09.2021 (12 noon) in compliance with the Hon'ble Supreme Court order dated 1.9.2021 in connection with MAD.No.18315 of 202l. Immediately the respondent has informed all the affiliated colleges to pay the affiliation fees and to submit the undertaking before 03.09.2021 (12.00 noon) for grant of affiliation for the academic year 2021- 2022 through a letter dated 02.09.2021. Immediately the respondent has informed all the affiliated colleges to pay the affiliation fees and to submit the undertaking before 03.09.2021 (12.00 noon) for grant of affiliation for the academic year 2021- 2022 through a letter dated 02.09.2021. The said letter was sent to the petitioner college through an E-mail dated 02.09.2021 and besides that, telephonic reminder has also been made to the petitioner college to pay the affiliation fee immediately and submit the undertaking to the University before the due date and time specified in the letter dated 02.09.2021. Despite all those demands and reminders, the petitioner college has not paid the balance fee of Rs.2,40,000/- for grant of affiliation before the last date specified by the Hon'ble Supreme Court. Due to non-payment of the fees on or before the deadline, the respondent University is not in a position to grant provisional Affiliation to the petitioner college for all the courses applied for the academic year 2021-22 and the same was informed to the petitioner college on 28.09.2021. (e) The petitioner college has filed W.P.No.21654 of 2021 and this court has pleased to dispose the writ petition by observing that the issue involved in the present Writ Petition is squarely covered by the earlier orders passed by this Court in W.P.No.20798 of 2021 dated 28.09.2021 and W.P.No.20971 of 2021 dated 30.09.2021. This Court while considering a similar plea had held that the extension upto 03.09.2021 (12.00 noon) was given by the Hon'ble Supreme Court and once the time is crossed, neither the AICTE nor the Anna University can extend the time for affiliation. The same reasoning will apply to the case of the petitioner also. It is reported that the petitioner in those petitions have already approached the Hon'ble Supreme Court and filed application seeking for extension of time. It is left open to this petitioner also to file an appropriate application before the Hon'ble Supreme Court and workout their remedy. Instead of approaching the Hon'ble Supreme Court, the petitioner college has approached this Court for extension of time. (f) As per AICTE direction, the respondent issued affiliation for 20 colleges who obtained extension of time before the Hon'ble Supreme Court, that too, for new courses only and not for existing courses. Instead of approaching the Hon'ble Supreme Court, the petitioner college has approached this Court for extension of time. (f) As per AICTE direction, the respondent issued affiliation for 20 colleges who obtained extension of time before the Hon'ble Supreme Court, that too, for new courses only and not for existing courses. It is also submitted that those 20 colleges were already remitted affiliation fee for existing courses in time and within the specified date, obtained provisional affiliation for the academic year 2021-22. (g) The Hon'ble Supreme Court extended the time for affiliation for 20 colleges upto 10.10.2021. Having known about the same, the petitioner college not even tried to remit the affiliation fee on or before 10.10.2021, but on its own, made the payment of affiliation fee only on 13.10.2021 which is well beyond the stipulated time prescribed by the Hon'ble Supreme Court. Since the payment of affiliation fee and the undertaking letter were submitted well after the stipulated period and the TNEA counselling was also started as early as on 27.09.2021, the request for granting provisional affiliation for the academic year 2021-2022 was not considered. (h) The Petitioner college again filed Writ of Mandamus in W.P.No.26813 of 2021 to consider their representation dated 25.10.2021 for grant of provisional affiliation for the academic year 2021-22 and this Court has passed the order dated 16.12.2021 directing the respondent University to consider the petitioner's representation dated 25.10.2021 and pass appropriate orders in accordance with law within a period of eight weeks from the date of receipt of a copy of the said order. In compliance with the said order and after careful scrutinization of the documents pertaining to the petitioner college and also on considering the stipulated time prescribed by the Hon'ble Supreme Court, the grant of provisional affiliation was denied for the petitioned college for the academic year 2021-22 under the impugned letter dated 18.02.2022. As per the revised academic calendar of AICTE, the last date for granting provisional affiliation by the University is 10.10.2021, but the petitioner college without any demand from University and on their own remitted the affiliation fee only on 13.10.2021 through RTGS. Further the second phase of counselling for vacant engineering colleges seat has not been held for existing courses as alleged by the petitioner college. Further the second phase of counselling for vacant engineering colleges seat has not been held for existing courses as alleged by the petitioner college. (i) The petitioner college cannot make admission for lateral entry in second year for academic year 2022-23, since the provisional affiliation was not granted for the particular batch namely for the academic year 2021-22 and DOTE Guidelines does not prescribe any lateral entry for approval of admission in the second year when for particular batch grant of provisional affiliation is denied. 4. Heard Mr.K.Shakespeare, learned counsel for the petitioner and Ms.V.Meenakshi Sundaram, learned standing counsel for the respondent. Discussion: 5. The impugned letter dated 18.02.2022 issued by the respondent rejecting the petitioner's application seeking for grant of affiliation for five year B.E.Courses is for the academic year 2021-22. The last date for admission of student for the academic year 2021-22 as already came to an end. However, the learned counsel for the petitioner would contend that due to the rejection order, the petitioner college has been denied the right to admit the students in the second year for the Academic year 2021-22 through the lateral entry as the admission of students through lateral entry for the academic year 2022-23 depends upon where there is affiliation for admitting students in the regular stream for the academic year 2021-22. Since under the impugned letter dated 18.02.2022 petitioners application seeking for provisional affiliation for certain B.E.Courses, for the academic year 2021-22 has been rejected, the petitioner's right to admit students for the academic year 2021-22 through the lateral entry for the second year in B.E.Courses will not arise. 6. Admittedly, the arrears of fee of Rs.2,40,000/- as per the demand notice dated 09.08.2021 of the respondent University was paid by the petitioner college only on 13.10.2021 which is beyond the last date for payment of the said fees. In the demand notice dated 09.08.2021 sent by the respondent University to the petitioner, the petitioner college was requested to remit the balance due of Rs.2,40,000/- as per the affiliation demand statement (2021-22) sent along with the said demand notice through RTGS / NEFT and submit the undertaking duly signed by the chairperson of the petitioner college immediately for grant of provisional affiliation. Even though it was made clear that the payment will have to be made immediately, the petitioner college has made the payment towards the prescribed fees for provisional affiliation only on 13.10.2021 after a lapse of more than a month. In the impugned letter dated 18.02.2022, the respondent University has also stated that the affiliation was not granted also on account of the fact that the TNEA counselling started on 27.09.2021, well before the fee remittance by the petitioner college to the respondent University. Having paid the fee of Rs.2,40,000/- to the respondent University only on 13.10.2021 i.e., after the deadline, the petitioner cannot plead equity at this stage. 7. As seen from the documents filed along with this writ petition, the respondent University sent a demand letter to the petitioner college on 02.09.2021, wherein it was made clear to the petitioner college that the last date for grant of affiliation by the respondent University is 03.09.2021 (12.00 noon) and therefore, they had requested the petitioner college to pay the affiliation fee and submit the undertaking along with AICTE approval copy on or before 03.09.2021 at 12 noon, failing which, they are cautioned the petitioner that the affiliation details of the petitioner college will not be sent to the Directorate of Technical Education for further processing. 8. Even prior to the letter dated 02.09.2021, the respondent University by its letter dated 27.08.2021 sent a reminder letter to all the affiliated colleges informing about the revised academic calender of AICTE and requested the affiliated colleges to submit the necessary statutory documents on or before 31.08.2021 for the purpose of considering the grant of affiliation. On 01.09.2021, the AICTE released its notice stating that the last date for grant of affiliation of institutions, the respondent University has extended upto 03.09.2021 (12 noon) and the deadline has been fixed to comply with the order of the Hon'ble Supreme Court dated 01.09.2021 in connection with MAD No.18315 of 2021. Despite the reminder letter sent by the respondent University to the petitioner college and having full knowledge of the fact that the deadline for grant of affiliation is 03.09.2021 at 12 noon, the petitioner college has chosen to pay balance fees of Rs.2,40,000/- only on 13.10.2021, that too, on its own, without getting consent of the respondent University. 9. Despite the reminder letter sent by the respondent University to the petitioner college and having full knowledge of the fact that the deadline for grant of affiliation is 03.09.2021 at 12 noon, the petitioner college has chosen to pay balance fees of Rs.2,40,000/- only on 13.10.2021, that too, on its own, without getting consent of the respondent University. 9. Non payment of balance fees of Rs.2,40,000/- by the petitioner college was also intimated by the respondent University on 28.09.2021. wherein they have stated that they are not in a position to grant provisional affiliation to the petitioner for the academic year 2021-22, due to non receipt of balance fee to be paid for grant of affiliation. 10. The extension upto 03.09.2021 (12 noon) was granted by the respondent University only pursuant to the direction given by the Hon'ble Supreme Court. Neither AICTE nor the Anna University can extended the time for grant of affiliation as a deadline has been fixed based on the Hon'ble Supreme Court direction. If at all the petitioner can seek extension, they have to approach only the Hon'ble Supreme Court which they have not done so. 11. The respondent University issued affiliation for 20 colleges who obtained extension of time before the Hon'ble Supreme Court that too for new courses only and not for existing courses. All the 20 colleges remitted affiliation fee for existing courses on time and within the specified date and obtained provisional affiliation for the academic year 2021-22. Therefore, there is no discrimination against the petitioner as alleged by them in this writ petition. 12. The Hon'ble Supreme Court extended the time for grant of affiliation for the 20 colleges upto 10.10.2021. The petitioner also knows about the same. However, the petitioner chosen not to remit the affiliation fee on or before 10.10.2021 which was the deadline fixed by the Hon'ble Supreme Court for the 20 colleges who had approached the Hon'ble Supreme Court. The petitioner paid the balance affiliation fee of Rs.2,40,000/- only on 13.10.2021. Having not approached the Hon'ble Supreme Court, as in the case of 20 colleges and having not paid the balance fees on or before 10.10.2021, the question of considering the petitioner's case for affiliation of B.E.Courses for the academic year 2021- 22 will not arise and has been rightly rejected under the impugned letter by the respondent University. Having not approached the Hon'ble Supreme Court, as in the case of 20 colleges and having not paid the balance fees on or before 10.10.2021, the question of considering the petitioner's case for affiliation of B.E.Courses for the academic year 2021- 22 will not arise and has been rightly rejected under the impugned letter by the respondent University. On the date of payment of a sum of Rs.2,40,000/- by the petitioner college on their own without concurrence of the respondent University, the TNEA counselling had already been commenced on 27.09.2021 itself. Therefore, the rejection of the petitioner application seeking for provisional affiliation by the respondent under the impugned letter dated 18.02.2021 is perfectly valid. 13. The petitioner college filed W.P.No.26813 of 2021 against the respondent University to consider its representation dated 25.10.2021 for grant of provisional affiliation for the academic year 2021-22. This court by its order dated 16.12.2021 without expressing any opinion on the merits of the petitioner's application, directed the respondent University to consider the petitioner's application dated 25.10.2021 and pass final orders in accordance with law within a period of eight weeks from the date of receipt of a copy of that order. The respondent has complied with the direction given by this court issued on 16.12.2021 in the aforesaid writ petition by passing the impugned letter dated 18.02.2022 rejecting the petitioner's provisional affiliation application by duly considering the deadline fixed by the respondent University pursuant to the directions of the Hon'ble Supreme Court and also considering the fact that TNEA counselling had already been started as early as on 27.09.2021, though the petitioner has made the payment of Rs.2,40,000/- towards balance fees to the respondent University which is beyond the date of deadline. 14. The application seeking for approval for addition of three courses and surrender of two courses by the petitioner college was rejected by AICTE on 24.09.2021 and even after the said rejection, the petitioner college did not pay the affiliation fee required for the academic year 2021- 22 immediately, but has paid the same, on its own beyond the deadline on 13.10.2021. Therefore, the respondent University has rightly rejected the petitioner's provisional affiliation for the academic year 2021-22. 15. Therefore, the respondent University has rightly rejected the petitioner's provisional affiliation for the academic year 2021-22. 15. The petitioner college cannot make admission for lateral entry in second year for academic year 2022-23, since the provisional affiliation was not granted for the particular batch namely for the academic year 2021-22 and DOTE Guidelines does not prescribe any lateral entry for approval of admission in the second year when for the particular batch grant of provisional affiliation was denied. 16. For the foregoing reasons, this Court does not find any merit in this writ petition. Accordingly, this writ petition is dismissed. No costs.