Madras High Court
Sri Ganesh College Of Engineering And ... vs All India Council For Technical ... on 1 July, 2019
Author: G.Jayachandran
Bench: G.Jayachandran
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.07.2019
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
W.P.No.18032 of 2019
and W.M.P.Nos.17429, 17432 & 17433 of 2019
Sri Ganesh College of Engineering and Technology,
Rep by its Chief Executive Officer,
Keelparikalpattu Road,
Mullodai Manapet Post,
Bahour, Puducherry-607 402. ... Petitioner
Versus
1.All India Council for Technical Education,
Rep.by Member Secretary,
Nelson Mandela Marg,
Vasant Kunj, New Delhi-110070.
2.The Regional Officer,
AICTE-Southern Regional Office,
Shastri Bhavan, No.26, Haddows Road,
Chennai-600 006.
3.The Pondicherry University,
Rep.by its Registrar,
Puducherry-605 001.
4.Centralised Admission Committee (CENTAC),
Government of Puducherry,
Rep by its Convenor,
CENTACoffice, PEC Campus, Pillachavady,
Puducherry-605 014. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
praying for the issue of Writ of Certiorarified Mandamus calling for the
records of the 1st respondent in F.No.AICTE/AB/SR/PID1-15572441 dated
25.03.2019 and F.No.Southern/1-4266883382/2019/No Admission dated
http://www.judis.nic.in30.04.2019 and quash the same and consequently direct the respondents
2
herein to grant Approval/Affiliation/inclusion in CENTAC counselling for Sri
Ganesh College of Engineering and Technology,Keelparikalpattu Road,
Mullodai Manapet Post, Bahour, Puducherry-607 402 for the academic year
2019-20 onwards.
For Petitioner : Mr.Duraisami, Senior counsel
for M/s.Muthumani Doraisami
For R1 : Mrs.A.V.Bharathi
For R3 : Mr.S.S.Pajani Radja, CGSC
ORDER
The petitioner herein running an Engineering College at Puducherry has sought for Approval/Affiliation without infrastructure facilities lift and ramp. When the All India Council for Technical Education (AICTE) conducted inspection in the year 2018 for grant of approval for the academic year 2018-2019 the petitioner Institute gave an undertaking that it will install lift and ramp. Hence, the approval for the year 2018-2019 was granted by the AICTE.
2. However, when the Inspection team of AICTE visited the petitioner's institute on 19.02.2019, for the academic year 2019-2020 they found that the petitioner's institute has erected only ramp but not lift. Hence, the first respondent based on the inspection committee report placed the petitioner's institute under “No Admission Category” which is now challenged in this writ petition.
3. According to the petitioner, when the AICTE inspection team http://www.judis.nic.in visited their institute previous year, they pointed out that institutes should 3 install lift / ramp. The petitioner institute gave an undertaking to Standing Appellate Committee (SAC) on 14.02.2018 that they will provide barrier free environment. Accordingly, the institute installed ramp in their premises. Now, when they inspected for the current academic year 2019-20, the Inspection Committee insisted upon lift also. The Institute informed the committee that they have placed order for lift with Johnson and company and there is some delay in installing the same. Without taking into consideration about their attempt to install lift, the impugned order was passed.
4. Further, the learned counsel for the petitioner would submit that the lift has been installed in their premises now and the Government has also issued the safety certificate on 10.06.2019. Therefore the first respondent's impugned order of placing the institute under “No Admission Category” has to be set aside.
5. The learned counsel appearing for the AICTE would submit that though the petitioner institute was instructed to install ramp and lift, on the previous inspection, they found that the petitioner institute has installed only ramp. So when the committee inspected the institute for granting approval for the year 2019-20, found that the petitioner institute has not installed the lift. Therefore, the impugned order was passed on http://www.judis.nic.in25.03.2019. The last date fixed by the Supreme Court for grant of approval 4 expired on 30.04.2019. If the petitioner institute had installed the lift within the specified dated i.e. 30.04.2019, AICTE may re-consider its order dated 23.04.2019.
6. Recording the same, the writ petition disposed of on the following terms:-
The petitioner institute shall make request with inspection fees, on or before 08.07.2019. On such request, the Inspection team of AICTE shall visit the petitioner's institute within 7 days from the receipt of the request. If the Inspection team is satisfied that the lift was installed before 30.04.2019 and functioning, appropriate orders may be passed regarding approval to the petitioner's institute for the academic year 2019- 20.
7. Accordingly, this writ petition is disposed of. No costs. Consequently, the connected miscellaneous petitions are closed.
01.07.2019 Note: Issue order copy on 02.07.2019 Speaking order/Non speaking order Index : Yes / No rpl http://www.judis.nic.in 5 To
1.The Member Secretary, All India Council for Technical Education, Nelson Mandela Marg, Vasant Kunj, New Delhi-110070.
2.The Regional Officer, AICTE-Southern Regional Office, Shastri Bhavan, No.26, Haddows Road, Chennai-600 006.
3.The Registrar, The Pondicherry University, Puducherry-605 001.
4.The Convenor, Centralised Admission Committee (CENTAC), Government of Puducherry, CENTACoffice, PEC Campus, Pillachavady, Puducherry-605 014.
http://www.judis.nic.in 6 Dr.G.JAYACHANDRAN,J.
rpl W.P.No.18032 of 2019 and W.M.P.Nos.17429, 17432 & 17433 of 2019 01.07.2019 http://www.judis.nic.in