P.M.R. Institute of Technology vs The All India Council for Technical Education and The Registrar Anna University

K.B.K. Vasuki, J.—On consent, this writ petition is taken up for final hearing.

The writ petition is filed challenging the order of the first respondent/AICTE dated 01.04.2010 in File No. 730-52-382(E)/ET/99 and to quash

the same with direction issued to the first respondent to grant extension of approval to the petitioner''s college beyond the academic year 2009-

2010.

The petitioner institution was established during 2008 with the approval granted by the first respondent/AICTE for the period 2008-2010 i.e.

for the academic years 2008-2009 and 2009-2010. After getting the approval from the first respondent, the petitioner institution applied to the

third respondent university for affiliation for the academic year 2008-2009 and the same was duly granted.

The petitioner institute has on the strength of approval and affiliation granted by the respondents 1 and 3, admitted its first batch of students.

After the completion of academic year 2008-2009, the petitioner applied to the third respondent for affiliation for the academic year 2009-2010

and the same was on the failure of the petitioner institution to comply with certain defects, not granted and the same was challenged by the

petitioner by way of writ petition in W.P. No. 11648 of 2009 and the writ petition was disposed of by setting aside the impugned order refusing to

grant affiliation, with further direction to the third respondent university to reconsider the grant of affiliation for the academic year 2009-2010. Even

after the reconsideration, the petitioner is not granted affiliation for the academic year 2009-2010. Thereby, the petitioner is prevented from

admitting fresh students for the same academic year but the same does not in any manner affect the right of the existing students to continue their

course. The petitioner did not choose to challenge the order of the third respondent under which the third respondent refused to grant affiliation for

the academic year 2009-2010.

While so, the petitioner is issued with the show cause notice by the first respondent on 21.10.2009 thereby calling upon the petitioner as to why

action be not initiated against the institution for non observance of conditions stipulated in the extension of approval letter dated 22.05.2008. The

petitioner institution has on receipt of the show cause notice duly submitted its explanation on 06.11.2009 and the same is followed by the

intimation notice dated 30.11.2009 issued by the first respondent calling upon the petitioner to appear for personal hearing on 15.12.2009 at

AICTE Head quarters and the outcome of which is the final order passed on 01.04.2010, in and under which, the first respondent has withdrawn

the approval given to the petitioner institution for the academic year 2009-2010. In view of the withdrawal of the approval for the academic year

2009-2010 by the first respondent, the application made to the third respondent university seeking affiliation for the academic year 2010-2011 is

kept pending without passing any orders. In the meantime, the petitioner has also approached the first respondent for getting extension of approval

beyond the academic year 2009-2010. Simultaneously the petitioner has in this writ petition challenged the correctness of the order of the first

respondent dated 01.04.2010 thereby withdrawing the approval for the year 2009-2010.

The perusal of the impugned order reveals that the approval granted for the academic year 2009-2010 is withdrawn mainly on three grounds,

two among which are relating to the petitioner''s failure to get affiliation from the third respondent university for the academic year 2010-2011

within the stipulated time, whereas the third respondent university is keeping the application for granting affiliation for the academic year 2010-

2011, on the ground that the approval granted by the first respondent is withdrawn. That being so, the petitioner is till date not in a position to get

either approval or affiliation for the academic year 2010-2011.

Both the respondents 1 and 3 have instead of independently considering the petitioner''s request for approval and affiliation, denied and delayed,

the exercise of the authority vested in them. Though the delay in processing the application for affiliation for the academic year 2009-2010 and the

withdrawal of the approval for the same year is based on the same ground that the petitioner has failed to comply with natural defects, the

respondents 1 and 3 have failed to ascertain the compliance of the same as reported by the petitioner by duly making inspection and verification.

The learned Counsel for the petitioner would strenuously argue before this Court that the defects referred to in the show cause notice is duly

rectified and such compliance may be verified and considered and the withdrawal of the approval for 2009-2010 and further extension of approval

for the period beyond 2010-2011 may be considered in the light of the subsequent improvement made therein. This Court finds much force in such

contention raised on the side of the petitioner.

This Court, taking into account the paramount interest of the students who are undergoing the course in the institution, is hence inclined to, by

way of giving another opportunity to the petitioner to comply with his obligation, to set aside the impugned order with fresh liberty given to the first

respondent/AICTE to proceed with the proceedings initiated against the petitioner in pursuance of the issuance of show cause notice dated

21.10.2009. As the petitioner is already called for personal interview, the first respondent is permitted to proceed further by holding personal

hearing and by making due inspection of the institution. The first respondent is directed to complete the whole exercise as expeditiously as possible

not later than three weeks from the date of receipt of copy of this order and subject to the outcome of the proceedings, the first respondent is at

liberty to decide the status of the approval for the academic year 2009-2010 and to consider the application filed by the petitioner for the approval

for the subsequent year 2010-2011. It is for the third respondent university to independently consider the application for affiliation for the academic

year 2010-2011 as per law, subject to the grant of approval if any, by the first respondent.

With the above observation, this writ petition is disposed of The connected miscellaneous petition is closed. No costs.