Jharkhand High Court
Samajik Kalyan Sanstha & Ors vs Union Of India & Ors on 23 August, 2012
Author: Narendra Nath Tiwari
Bench: Narendra Nath Tiwari
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No.1197 of 2012
Samajik Kalyan Sanstha & Ors. .......... Petitioners.
Versus
Union of India & Ors. ........... Respondents.
CORAM : HON'BLE MR. JUSTICE NARENDRA NATH TIWARI
For the Petitioners : Mr. Pandey Neeraj Rai, Advocate
For the UOI : Dr. J. P. Gupta, Advocate
09/23.08.2012: The petitioners have prayed for quashing the letter dated 23rd December, 2011 issued by All India Council for Technical Education (for short AICTE) (Annexure13), whereby AICTE has withdrawn its approval granted in favour of K.K. College of Engineering and Management, Dhanbad.
The respondents had appeared and taken time for filing counter affidavit.
A counter affidavit has been filed on behalf of Respondent Nos.2 and 3, stating, inter alia, that there were some deficiencies to which the petitioners were allowed to remove. On further inspection, it was found that the deficiencies have been removed by the institution and report was sent to the concerned Approval Committee for grant of approval for the Session 201213 and for revoking the withdrawal of approval for the Session 201112. The Standing Appellate Committee, thereafter, inspected the institution on 3rd August, 2012 and endorsed the earlier report of the Expert Committee. In the light of the said report, the final decision has been taken by the Council on 22nd August, 2012 and, accordingly, approval to the college for Session 201112 has been granted ex. post facto and with further approval for the Session 201213.
In view of the said counter affidavit, learned counsel for the petitioners submitted that the petitioners have now no grievance. Learned counsel, however, submitted that on the said illegal withdrawal, the students were not being allowed to appear in the examination conducted by Binoba Bhave University.
It has been submitted that by order dated 2nd April, 2012, this Court had directed the respondents to allow the students, 2 who have completed the course of Second Semester of B.E. for 201112 Session, to appear in the ensuing examination with the condition that the publication of the result of the same shall be subject to the result of this writ petition.
Learned counsel submitted that since the approval of the Council for the Session 201112 has been granted post facto to the college, the University be directed for publishing the result of the students, who had appeared in the Second Semester of B.E. for the Sessions 201112.
Nobody appears on behalf of the University to oppose this writ petition.
Considering that only impediment for the college or the students was withdrawal of the approval by the AICTE and since the approval to the college for the Session 201112 has been accorded post facto, I find no ground for withholding the result of the students, who have appeared in Second Semester of B.E. Examination held for the Session 201112.
In view of the above, this writ petition is disposed of, directing the University to publish the result of the students, who have appeared in the examination of B.E., Second Semester, for the Session 201112 forthwith, so that the interest of the students may not suffer further.
(Narendra Nath Tiwari, J.) Sanjay/