Shree Venkateshwara Hi-Tech Engineering College and Amaravathy Educational Trust vs The All India Council for Technical Education and Others

V. Dhanapalan, J.—By consent of the learned Counsel on either side, these writ petitions are taken up for final disposal at the stage of

admission itself.

Heard Mr. Doraisamy, learned Senior Counsel for Muthumani Doraisamy, learned Counsel for the petitioner in W.P. No. 14813 of 2010, Mr.

R. Suresh Kumar, learned Counsel for the petitioner in W.P. Nos. 13026 of 2010, Mr. K. Ravindranath, learned Additional Central Government

Standing Counsel for the respondents 1 and 2, Mr. Mani Sundar, learned Counsel for respondents 3 and 4 and Mr. R. Shivakumar, learned

Counsel for 5th respondent.

The prayer in writ petition No. 13026 of 2010 is for a direction to the respondents to process the application of the Petitioner dated 25.3.2010

for the approval of new courses in B.E. (Civil) and Master of Computer Application (MCA) with an annual intake of 60 seats each from the

academic year 2010-11 immediately within a time-frame so as to enable the Petitioner to admit students in the said courses for the academic year

2010-11.

The prayer in Writ Petition No. 14813 of 2010 is for a direction to the respondents herein to forthwith consider the representation of the

petitioner dated 6.7.2010 for processing the application of the petitioner No. 1-1203361 submitted online on 18.2.2010 for establishment of

Karur College of Engineering at Sanjay Nagar Karur-Erode Main Road Andalkoil East Village Karur Karur District for the academic year 2010-

2011 under All India Council for Technical Education (Grant of approvals for technical Institutions) Regulations 2010.

According to the petitioner in W.P. No. 13026 of 2010, they have applied to the 2nd respondent for the approval of new courses in B.E.

(Civil) and Master of Computer Application (MCA) with an annual intake of 60 seats each from the academic year 2010-11 immediately within a

time-frame so as to enable the Petitioner to admit students in the said courses for the academic year 2010-11. In respect of the petitioner in W.P.

No. 14813 of 2010, they have applied to the 2nd respondent for permission to start a new Engineering College from the academic year 2010-

2011 in the name and style of Karur College of Engineering at Sanjay Nagar Karur-Erode Main Road Andalkoil East Village Karur Karur

District.

It is their case that the 2nd respondent has come out with new Regulations for the academic year 2010-2011, which some institutions and some

Associations have challenged by filing writ petitions before this Court in W.P. Nos. 3656 of 2010 etc. batch and this Court on 30.06.2010 has

held as follows:

(i) All India Council for Technical Education (Grant of Approvals for Technical Institutions) Regulations 2010, except Regulation 11.1, are upheld.

(ii) Regulation 11.1 of the All India Council for Technical Education (Grant of Approvals for Technical Institutions) Regulations 2010, which

contemplates civil and criminal action against the institutions, is ultra vires of the All India Council for Technical Education Act, 1987, and without

authority of law. Therefore, it is struck down. However, it is open for AICTE to substitute this clause by any provision in accordance with the

provisions of the Act.

(iii) The applications of the writ petitioners who applied on or before 31.08.2009, which was the last date for filing of applications as per the

AICTE Regulations, 2006, for extension of approval/additional intake/introduction of new courses/variation intake shall be governed by the

Regulations, 2006 and approval be granted accordingly forthwith for this academic year 2010-2011. However, approval for the next academic

year will be governed by the new Regulations, 2010.

(iv) The applications of the writ petitioners who opted for new regulations shall be approved as per the new Regulations, 2010.

(v) New Regulations 2010 shall have only prospective effect.

(vi) Approval Process Hand Book is an integral part of the Regulations and, therefore, there is no need to publish the same in the Gazette of

Government of India.

(vii) In its future endeavour, AICTE shall take policy decisions based on ground realities after undertaking survey in various fields of technical

education, collecting data on all related matters and making forecast of the needed growth and development in the technical education, for which

purpose it should consult with the stakeholders i.e., the academicians, colleges and other experts in the field, as contemplated u/s 10 of the Act,

affording an opportunity to the institutions concerned.

The petitioners submit that they have not made any application individually nor had obtained any order and would want to go by the new

Regulations and that they are not a member of any association which has gone against the new Regulations of the AICTE. Therefore, the

petitioners have come up with the present writ petitions.

Learned Counsel for the petitioners submits that the applications made by the petitioners have to be disposed of within a time frame and

therefore they have come up with a plea that the 2nd respondent may be directed to process the petitioners applications and dispose of the same in

accordance with law.

In the light of the above position and in view of the decision cited supra, and as the applications dated 25.03.2010 and 06.07.2010 submitted

by the petitioner are pending before the 2nd respondent, without expressing any opinion on the merits of the case, the 2nd respondent herein is

directed to consider the applications of the petitioners in accordance with law and on merits in respect of their respective claims and pass

appropriate orders within a period of four (4) weeks from the date of receipt of a copy of this order.

These writ petitions are disposed of with the above direction. No costs. Consequently, connected miscellaneous petitions are closed.