Karnataka High Court
Dr Ambedkar Institute Of Technology vs Directorate Of Technical Eduction on 5 April, 2014
Author: Anand Byrareddy
Bench: Anand Byrareddy
1
IN THE HIGH COURT OF KARNATAKA AT
BANGALORE
DATED THIS THE 05TH DAY OF APRIL 2014
BEFORE
THE HONOURABLE MR. JUSTICE ANAND BYRAREDDY
WRIT PETITION Nos.56306-56307 OF 2013 (EDN-AD)
CONNECTED WITH
WRIT PETITION Nos.53219-53667 OF 2013 (EDN-AD)
WRIT PETITION Nos.54767-54835 OF 2013 (EDN-AD)
IN W.P.Nos.56306-56307/2013
BETWEEN:
1. Dr. Ambedkar Institute of Technology,
[An Institution established by
P.V.P. Welfare Trust]
BDA Outer Ring Road,
Mallathahalli,
Bangalore - 560 056,
Represented by its Principal,
Dr. C. Nanjundaswamy,
Son of Late Chikkamadaiah,
Aged about 50years,
Residing at Bangalore.
2. Susheel Kumar Shinde,
Son of Babu Rao Shinde,
2
Aged about 19 years,
Student of Dr. Ambedkar Institute of
Technology, 1st year B.E.,
Branch: Civil Engineering,
BDA Outer Ring Road,
Mallathahalli,
Bangalore - 560 056.
...PETITIONERS
(By Shri. Madhusudhan R Naik, Senior Advocate for Shri.
Abhishek Malipatil, Advocate )
AND:
1. Directorate of Technical Education,
Government of Karnataka,
Tantrik Shikshan Bhavan,
Palace Road, Bangalore - 560 001.
Represented by its Director.
2. Karnataka Examinations Authority,
Sampige Road, 18th Cross,
Malleshwaram,
Bangalore - 560 012.
Represented by its Executive Director.
3. Visvesvaraya Technological University,
Santhibasthawad Road,
Machhe, Belgaum - 590 014,
Represented by its Registrar.
4. Government of Karnataka,
Department of Higher Education,
6th Floor, Multistoried Buildings,
Bangalore - 560 001.
3
Represented by the Principal Secretary.
...RESPONDENTS
(By Shri. B. Veerappa, Additional Government Advocate for
Respondent Nos. 1 and 4
Shri. N.K. Ramesh, Advocate for Respondent No.2
Shri. K.S. Bharath Kumar, Advocate for Respondent No.3
*****
These Writ Petitions filed under Articles 226 and 227 of
the Constitution of India praying to call for records of the
proceedings from the respondents and direct the authorities to
approve admission of the petitioner no.2 student admitted by
the petitioner 1 college in respect of their intake, as unfilled
seats in terms of consensual arrangements, after the completion
of extended casual round of counseling and on reconciliation of
vacancies, after declaring the decision of DTE as unsustainable
and etc;
IN W.P.Nos.53219-53667/2013
BETWEEN:
1. Karnataka Unaided Private
Engineering Colleges' Association,
No.132, 2nd Floor, 11th Main,
17th Cross, Malleshwaram,
Bangalore - 560 055,
Represented by its Secretary.
Sri. M.K. Panduranga Setty,
Son of Late Medhavi Kasturiranga Setty,
Aged about 80 years.
2. R.V. College of Engineering,
[An Institution established by
Rashtreeya Sikshana Samithi Trust
4
(RSST)], 8th Mile, Mysore Road,
R.V. Vidyuaniketan Post,
Bangalore - 560 059,
Represented by its Principal,
Dr. B.S. Satyanarayana,
Son of Bukinakere Subbakrishniah,
Aged about 52 years,
Residing at Bangalore,
No of students denied approval
Of admission - 4.
3. Shree Devi Institute of Technology,
[An Institution established by Shree
Devi Education Trust],
Airport Road, Kenjar,
Mangalore, represented by its
Principal - Dr. Dilip Kumar .K,
Son of Late Gopala Krishna .K,
Aged about 42 years,
Residing at Mangalore.
4. Reva Institute of Technology and
Management, Kattigenahalli,
Yelahanka, Bangalore - 560 064,
Represented by its Principal
Dr. N. Rana Pratap Reddy,
Son of Late N Ramachandra Reddy,
Aged about 53 years,
Residing at Bangalore.
5. K.V.G. College of Engineering,
[an Institution sponsored by
Academy of Liberal Education]
Kurunjibhag, Sullia,
D.K. - 574 327.
5
Represented by its Principal
Dr. N.A. Jnanesh,
Son of Late Sri. N.B. Anantha,
Aged about 48 years,
Residing at Mangalore.
6. Brindhavan College of Engineering,
[an Institution run by N.M. Academy (trust)]
Dwarkanagar, Baglur Main Road,
Yelahanka, Bangalore - 560 083.
Represented by its Secretary,
N.M. Academy (trust),
B. Anantharamaiah,
Son of Sri. B.N. Bhujanga Rao,
Aged about 66 years,
Residing at Bangalore.
7. Acharya Institute of Technology,
Dr. Sarvepalli Radhakrishnan Marg,
Soldevanahalli,
Heserghatta Main Road,
Bangalore - 560 064,
Represented by its Principal,
Dr. H.D. Maheshappa,
Son of Sri. Devanna C,
Aged about 53 years,
Residing at Bangalore.
8. Sapthagiri College of Engineering,
[An Institution run by
Sri Srinivasa Educational and Charitable Trust)]
# 14/5 Chikkasandra,
Heserghatta Main Road,
Bangalore - 560 057,
Represented by its Principal,
6
Dr. Puttamadappa C,
Son of Sri. N. Chaluve Gowda,
Aged about 42 years,
Residing at Bangalore.
9. BMS College of Engineering
PB No.1908, Bull Temple Road,
Bangalore - 560 019,
Represented by its Principal,
Dr. K. Mallikarjuna Baju,
Aged about 50 years.
10. Basavakalyan Engineering College,
[An Institution run by Basavakalyana Educational
Turst] NH 9, Basavakalyan,
Bidar - 585 327.
Represented by its Principal,
Dr. Gurulingappa,
Son of Manikappa Patil,
Aged about 55 years,
11. Vemana Institute of Technology,
[An Institution run by Karnataka
Reddyjana Sangha], no.1,
Mahayogi Vemana Road,
3rd Block, Koramangala,
Bangalore - 560 034.
Represented by its Principal
Dr. P. Giridhara Reddy,
Son of P. Muni Reddy,
Aged about 60 years,
Residing at Bangalore.
12. Coorg Institute of Technology,
[An Institution run by Kodava Education
7
Society], PB No.11,
Halligattu,
Ponnampet - 571 216.
Represented by its Principal,
Dr. P. Mahabaleswarappa,
Son of Mr. P. Ganapathy,
Aged about 53 years.
13. Alva's Institute of Engineering and
Technology [an Institution
Established by Alva's Education
Foundation] Shobavana Campus
Mijar, Moodabidri 574 225,
Represented by its Administrative Officer,
Ashok Shetty,
Son of Late K.C.Shetty,
Aged about 46 years,
Residing at Mangalore.
14. SJM Institute of Technology,
[An Institution run by SJM Vidhyapeeta (trust)]
Post Box No.73, NH-4 Bye Pass,
Chitradurga - 577 502.
Represented by its Principal,
Dr. S.B. Shivakumar,
Son of B.S. Basappa,
Aged about 53 years,
Residing at Chitradurga.
15. Vishwanathrao Deshpande Rural Institute
Technology,
[An Institution established by Karnataka
Law Society] Udyog Vidyanagar,
Dandeli Road,
Haliyal - 581 329,
8
Uttar Kannada District,
Represented by its Principal,
Dr. Gururaj Udupi,
Sonof Rangarao Udupi,
Aged about 42 years,
Residing at Uttara Kannada District.
16. Bangalore Institute of Technology,
[An Institution established by Vokkaligara
Sangha], Krishnarajendra Road,
Visveswarapura, Bangalore - 560 004,
Represented by its
In-charge Principal,
Dr. Chandre Gowda,
Son of Late Mukkadi Gowda,
Aged about 59 years,
Residing at Bangalore.
17. Srinivas School of Engineering,
[An Institution established by a
Shama Rao Foundation],
Srinivas Integrated Campus,
Mukka, Mangalore - 574 146,
Represented by its Principal,
Dr. Shreeprakash B,
Son of Mr. B. Ganapathy Baht,
Aged about 48 years,
Residing at Mangalore.
18. Srinivas Institute of Technology,
[An Institution run by Srinivas
Group] Srinivas Campus,
Merlapadavu, Valachil,
Farangipete Post,
Mangalore - 574 143,
9
Represented by its Principal,
Dr. Shrinivasa Mayya .D,
Son of Narayana Mayya D,
Aged about 46 years,
Residing at Mangalore.
19. Dr. M.V. Shetty Institute of
Technology, [An Institution
Established by Dr.M.V. Shetty
Memorial Trust], Vidyanagar,
N.H.13, Thodar,
Moodbidri 574 225,
Mangalore (Tq)
Represented by its Principal,
Dr. Sandeep J Nayak,
Son of Jayaram,
Aged about 48 years,
Residing at Mangalore.
20. K.S. Institute of Technology
[An Institution established by
Kammavari Sangham] No.14,
Raghuvanahalli, Kanakapura Road,
Vidyanagar, represented by its
Principal,
Dr. T.V. Govindaraju,
Son of K.V. Venkateshaiah Shetty,
Aged about 58 years,
Residing at Bangalore.
21. Dr. Sri Sri Sri Shivakumara
Mahaswamy College of Engineering,
[An Institution established by
Kammagondanahalli Maruthi Seva
Samithi], Byranayakanahalli,
10
Nelamangala Taluk,
Bangalore Rural District - 562 132,
Represented by its Principal,
Dr. H.D.Ramesh,
Son of Mr. Devraj S.D,
Aged about 49 years,
Residing at Bangalore.
22. S.D.M. College of Engineering and
Technology, [An Institution run by
Shri Dharmasthala Manjunatheshwara
Educational Society],
Dhavalagiri, Dharwad 580 002.
Represented by its Principal,
Dr. S. Mohan Kumar,
Son of Late Siddalingappa,
Aged about 53 years,
Residing at Dharwad.
23. K.S.School of Engineering and
Management [An Institution
Established by Kammavari Sangham]
No.15, Mallasandra, off Kanakapura Road,
Bangalore - 560 061,
Represented by its Principal,
Dr. S.S.N. Sridhara,
Son of S. Nagappa,
Aged about 49 years,
Residing at Bangalore.
24. R.N.S. Institute of Technology,
[An Institution run by R.N.Shetty
Trust] Channasandra,
Uttarahalli - Kengeri Main Road,
Rajarajeshwari Nagar Post,
11
Bangalore - 560 098,
Represented by its Principal,
Dr. M.K. Venkatesha,
Son of Sri. M.V.Krishna,
Aged about 55 years,
Residing at Bangalore.
25. Kalpataru Institute of
Technology, [An Institution
Run by Kalpataru Vidya Samsthe]
N H 206, B.H.Road,
Tiptur 572 202,
Represented by its Principal,
Dr. S.M. Shashidhara,
Son of Sri. Late S. Murugappa,
Aged about 63 years,
Residing at Tiptur.
26. P.E.S. School of Engineering,
[An Institution established by
People's Education Trust],
Mandya 571 401,
Represented by its Principal,
Dr. V. Sridhar,
Son of Late Venugopalachar,
Aged about 55 years,
Residing at Mandya.
27. BMS Institute of Technology,
[An Institution run by BMS
Educational Trust], Post Box No.6443,
Doddaballapur Main Road,
Avalahalli, Yelahanka,
Bangalore - 560 064,
Represented by its Principal,
12
Dr. S. Venkateshwaran,
Son of Late Sri Sankaran,
Aged about 58 years,
Residing at Bangalore.
28. Global Academy of Technology,
[An Institution run by National
Education Foundation Trust]
Ideal Homes Township,
Rajarajeshwari Nagar,
Bangalore - 560 098,
Represented by its Principal,
Dr. Narendra Vishwanath,
Son of Sri. S. Viswanatha Iyer Sankaran,
Aged about 51 years,
Residing at Bangalore.
29. K.L.E. College of Engineering
And Technology,
[An Institution run by
K.L.E. Society]
Banatikodi Road,
Chikkodi, Belgaum -591 201,
Represented by its Principal.
Dr. Basavaraj Katageri,
Son of Sri. Gundappa,
Aged about 48 years,
Residing at Belgaum.
30. B.V. Bhoomaraddi College of
Engineering and Technology,
[An Institution run by K.L.E.
Society], Hubli - 580 031,
Represented by its Principal,
Ashok S Shettar,
13
Son of Shivayaogappa,
Aged about 56 years,
31. Sri. Jagadguru Chandrashekaranatha Swamyji
Institute of Technology,
[An Institution run by Sri Adichunchanagiri
Shikshana Trust (Regd.)]
P.B.No.20, B.B.Road,
Chickballapur - 562 101.
Represented by its Principal.
Dr. T. Munikenchegowda,
Son of Thammanna,
Aged about 52 years.
32. Vijaya Vittala Institute of Technology,
35/1, Doddagubbi Post,
Hennur-Bagalur Road,
Bangalore - 560 077,
Represented by its Principal,
Dr. S.B.Anadinnni,
Son of Basappa,
Aged about 48 years.
33. Dr. T. Thimmaiah Institute of
Technology [An Institution run
By Golden Valley Educational Trust],
Oorgaum Post, Kolar Gold Fields - 563120,
Represented by its Principal,
Dr. Syed Ariff,
Son of Sri. Nazeer Ahmed,
Aged about 49 years.
34. New Horizon College of Engineering,
[An Institution run by New Horizon
Educational and Cultural Trust]
14
Ring Road, Kabudisanahalli,
Bellandur Post, Near Marathalli,
Bangalore - 560 103,
Represented by its Principal,
Dr. Manjunatha,
Son of Shri. Basavannappa .C,
Aged about 46 years.
35. Tontadarya College of Engineering
[An Institution run by Sri. Jagadguru
Tontadaya Samsthanamath],
Mundargi Road, Gadag,
Represented by its Principal,
Dr. Veeresh T Magalad,
Son of Totappa Magalad,
Aged about 40 years.
36. K L S Gogte Institute of Technology,
[An Institution run by Karnataka
Law Society], Jnana Ganga,
Udyambag,
Belgaum - 590 008,
Represented by its Principal,
Dr. Anand Sharad Deshpande
Son of Sri. Sharad Deshpande,
Aged about 49 years,
Residing at Belgaum.
37. B M S School of Architecture
Post Box No.6448,
BMSIC Campus
Doddaballapur Main Road,
Yelahanka,
Bangalore - 560 064,
Represented by its Principal,
15
Prof. Sapna Papu,
Daughter of Sri. K.S. Papu,
Aged about 46 years,
Residing at Bangalore.
38. Bharath Sevadal's Dr. M C Modi
Memorial Aakara Academy of Architecture
# 112/113, Thanisandra Main Road,
R.K. Hegde Nagar,
Bangalore - 560 045,
Represented by its
Principal, Prof. Sathish .S
Son of C.G. Srinivas Rao,
Aged about 60 years,
Residing at Bangalore.
39. Acharya's N R V School of
Architecture,
Soldevanahalli,
Heserghatta Main Road,
Chikkabanavara Post,
Bangalore - 560090,
Represented by its Dean
Prof Vasanth Bhat
Son of Sri Late C K Bhat,
Aged about 56 years,
Residing at Bangalore.
...PETITIONERS
(By Shri. Madhusudhan R Naik, Senior Advocate for
Shri Abhishek Nalipatil, Advocate)
AND:
1. Directorate of Technical Education
16
Government of Karnataka,
Tantrik Shikshan Bhavan,
Palace Road, Bangalore - 560 001.
Represented by its Director.
2. Karnataka Examinations Authority
Sampige Road, 18th Cross,
Malleshwaram,
Bangalore - 560 012.
Represented by its Executive Director.
3. Visvesvaraya Technological University,
Santhibasthawad Road,
Machhe,
Belgaum - 590 014,
Represented by its Registrar.
4. Government of Karnataka,
Department of Higher Education,
6th Floor, Multistoried Buildings,
Bangalore - 560 001.
Represented by the Principal Secretary.
...RESPONDENTS
(By Shri. B. Veerappa, Additional Government Advocate for
Respondent Nos. 1 and 4
Shri. K.S. Bharath Kumar, Advocate for Respondent Nos. 2 and
3)
*****
These Writ Petitions filed under Articles 226 and 227 of
the Constitution of India praying to direct the authorities to
approve admissions of all the students that were admitted by the
petitioner-colleges in respect of their intake, as unfilled seats in
terms of consensual arrangement, after the completion of
17
extended casual round of counseling and on reconciliation of
vacancies, after declaring the decision of DTE as unsustainable
and etc;
IN W.P.Nos.54767-54835/2013
BETWEEN:
1. NITTE Meenakshi Institute of
Technology [An Institution
Established by NITTE Education
Trust], Gollahalli Govidapura,
P.B. No.6429, Yelahanka,
Bangalore - 560 064,
Represented by its Principal.
Dr. H.C. Nagraj,
Son of H.S. Chandrasekharaiah,
Aged about 54 years,
Residing at Bangalore,
No of students denied approval
Of admission -11.
2. The National Institute of Engineering
[An Institution established by
National Institute of Engineering
Society ®]
Manandavadi Road,
Represented by its Secretary,
Sri S.L. Ramachandra,
Son of Late S.R. Lakshminarasimiah,
Aged about 64 years,
Residing at Mysore,
No of students denied approval
Of admission -4.
18
3. Sri. Jayachamarajendra College of
Engineering [An Institution established
By JSS Mahavidyapeeta], JSS Technical
Institution Campus , Mysore - 570 006,
Represented by its Incharge-Principal,
Dr. Syed Shakeeb Ur Rahman,
Son of Mr. Syed Abdur Rahman,
Aged about 62 years,
Residing at Mysore
No of students denied approval
Of admission -3.
4. M.S.Ramaiah Institute of Technology
[An Institution established by
Gokula Education Trust]
Vidya Soudha, MS Ramaiah Nagar,
MSRIT Post, Bangalore - 560 054.
Represented by its Principal,
Dr. S.Y. Kulkarni,
Son of Yalagurdarao Kulkarni,
Aged about 51 years,
Residing at Bangalore.
No of students denied approval
Of admission -9.
5. Aksaya Institute of Technology [An
Institution established by Aksaya Education
Trust] Lingapura Oblapura Post,
Tumkur Koratgere Road,
Tumkur District 572 106,
Represented by its Principal.
M.B. Manjunatha,
Son of Basavaraju M K
Aged about 42 years,
Residing at Tumkur,
19
No of students denied approval
Of admission -2.
6. Jain College of Engineering
[An Institution established by
JSS Mahavidyapeeta],
Campus-599/2, T S Nagar,
Hunchanhatti Cross, Machhe,
Belgaum - 590 014,
Represented by its Principal and Director
Dr. K.G. Vishwanath,
Son of Mr Gurupadappa K G,
Aged about 50 years,
Residing at Belgaum,
No of students denied approval
Of admission -5.
7. Shaikh College of Engineering and
Technology, [An Institution established
By people's Education society and
Trust, Belgaum] Abu Campus,
R S No.15/2, Adjacent to Rani Chennamam
University, Bhootraamanhatti, Belgaum - 591 156
Represented by its Principal,
Dr. Shiva Prasad,
Son of Mr. Basavaraj Dandagi,
Aged about 47 years,
Residing at Belgaum,
No of students denied approval
Of admission -1.
8. B.L.D.E. Association's Vachana Pitamaha-
Dr. P.G. Halakatti College of
Engineering [An Institution
Established by Bijapur Liberal
20
District Educational Association],
Ashram Road, Bijapur - 586 103
Represented by its Incharge-Principal,
Dr. Mahadevappa Irasangappa Sakri,
Son of Mr. Irasangappa Sakri,
Aged about 49 years,
Residing at Bijapur,
No of students denied approval
Of admission -4, B Arch.
9. HKBK College of Engineering,
[An Institution established by
Karnataka State Muslim Federation],
# 22/1, Nagawara, Bangalore - 560 045,
Represented by its Principal
Dr. T.C Manjuanth,
Son of Mr. T.C.Channaveerappa,
Aged about 47 years,
Residing at Banglaore,
No of students denied approval
Of admission -4.
10 Bangalore Technological Institute
[An Institution established by
Aditya Education Trust]
Sarjapura Road, Kodathi,
Bangalore - 560 035,
Represented by its Principal,
Dr. H S Nanda,
Son of Mr. H M Sannegowda,
Aged about 51 years,
Residing at Bangalore,
No of students denied approval
Of admission -15.
...PETITIONERS
21
(By Shri Madhusudhan R Naik, Senior Advocate for Shri.
Abhishek Malipatil, Advocate)
AND:
1. Directorate of Technical Education
Government of Karnataka,
Tantrik Shikshan Bhavan,
Palace Road, Bangalore - 560 001.
Represented by its Director.
2. Karnataka Examinations Authority
Sampige Road, 18th Cross,
Malleshwaram,
Bangalore - 560 012.
Represented by its Executive Director.
3. Visvesvaraya Technological University,
Santhibasthawad Road,
Machhe,
Belgaum - 590 014,
Represented by its Registrar.
4. Government of Karnataka,
Department of Higher Education,
6th Floor, Multistoried Buildings,
Bangalore - 560 001.
Represented by the Principal Secretary.
...RESPONDENTS
(By Shri. B. Veerappa, Additional Government Advocate for
Respondent Nos. 1 and 4
Shri. N.K.Ramesh , Advocate for Respondent No.2
Shri. K.S. Bharath Kumar, Advocate for Respondent No.3)
22
These Writ Petitions filed under Articles 226 and 227 of
the Constitution of India praying to direct the Authorities to
approve admissions of all the students that were admitted by the
petitioner-colleges in respect of their intake, as unfilled seats in
terms of consensual arrangement, after the completion of
extended casual round of counseling and on reconciliation of
vacancies, after declaring the decision of DTE as unsustainable
and etc;
These Writ Petitions coming on for Hearing this day, the
court made the following:
ORDER
Heard the learned Senior Advocate Shri Madhusudan R Naik appearing for the Counsel for the petitioners.
Shri Bharath Kumar takes notice for respondent no.3.
2. These petitions are preferred by the colleges which have formed an association amongst themselves in respect of the controversy which is as follows:
The petitioner - Colleges are private, un-aided, minority and non-minority educational institutions, which impart course of study in engineering and have conducted the admission process in terms of the consensual arrangement, which is entered into between the State of Karnataka and the Karnataka 23 Unaided Private Engineering Colleges Association, since they are aggrieved by the non-approval of the admission of the students for the academic year 2013-14. The colleges are affiliated to the Vishweshwaraiah Technological University (VTU), which had granted admissions to several students in accordance with the provisions of the Act 23/2011 and the Regulations made for the purpose and the terms of the consensual arrangement that was entered into between the Government of Karnataka and the Private Institutions. The VTU having co-ordinated and complied with the directions of the governmental authorities in enabling the extended counselling process, under what is classified as government quota and admissions through its designated agency, the Karnataka Examinations Authority (KEA), which admission process, according to the petitioners, was carried on by the said authorities till 15.8.2013 and the KEA having notified the completion of admission process only as on 24.8.2013, after holding a reconciliation meeting and reverting a large number 24 of unfilled seats to the managements, the petitioner -
institutions were enabled to fill up some of the unfilled seats. Therefore, the controversy is in respect of these seats, which have been filled up pursuant to the last date for admission, namely, 15.8.2013.
3. It is found that the students, who had been admitted pursuant to the unfilled seats being surrendered from out of the government quota and admissions having been made, those students were refused permission to take the first Semester examination, on the ground that they had been admitted beyond the last date fixed for admission. It is at that stage that the present writ petitions were filed and by virtue of interim orders granted, the students have been permitted to take the examinations.
4. The petitions now coming on for hearing, it is not in much dispute that the entire controversy was on account of the irresistible attitude on the part of all the players, including the managements. The situation has been created out of laxity in 25 adhering to the calendar of events in terms of the admissions that were to be made. The reconciliation in so far as the unfilled seats are concerned, ought to have taken place well before 15.8.2014, which would then enable the petitioners to adhere to the time schedule. It is not in dispute that a reconciliation has been held much after the last date for admissions and it is only thereafter that the admissions could be made. Therefore, the managements could not be held to ransom on account of there being violation of the time schedule.
The apex court having been seized of a similar situation, has addressed the same in Parshwanath Charitable Trust vs. All India Council for Technical Education, (2013)3 SCC 385 and the indignation of the apex court as regards the time schedules not being adhered to has warranted the court to issue categorical directions :
26
"46. For the reasons afore-recorded, we find no merit in both the appeals afore-referred. While dismissing these appeals, we issue the following directions :
46.1 Both grant/refusal of approval and admission schedule, as afore stated, shall be strictly adhered to by all the authorities concerned including the AICTE, the University, the State Government and any other authority directly or indirectly connected with the grant of approval and admission.
46.2 No person or authority shall have the power or jurisdiction to vary the Schedule prescribed hereinabove.
46.3 While dealing with the application for grant of approval to new colleges or additional seats, the AICTE shall inform the applicant within three weeks from the date of receipt of its application or date of inspection, as the case may be, the shortcomings/defects, who, in turn, shall remove such shortcomings/defects within 15 days from the date of such communication or within such period as AICTE may grant and re-submit its papers without default.
The process of grant of approval has to be transparent and fair. AICTE or the University or the State Government concerned shall take disciplinary action against the person who commits default in adherence to the Schedule and performance of his duties in accordance therewith. 27
46.4 The reports submitted by the Expert Committee visiting the college should be unambiguous and clear, and should bear the date and time of inspection and should be sufficiently comprehensive and inspection be conducted in the presence of a representative of the institute.
46.5 The students of the appellant-college shall be re-allocated to the recognized and affiliated colleges in terms of the judgment of the High Court; and AICTE and the University concerned shall ensure that the academic courses of these students are completed within the balance period of the academic year in all respects. For this purpose, if extra classes are required to be held, the institute concerned, the University and AICTE are directed to ensure holding of such extra classes.
46.6 If the appellate authority decides the matter prior to 30th April of the year concerned and grants approval to a college, then alone such institution will be permitted to be included in the list of colleges to which admissions are to be made and not otherwise. In other words, even if the appellate authority grants approval after 30th April, it will not be operative for the current academic year. All colleges which have been granted approval/affiliation by 10th or 30th April, as the case may be, shall alone be included in the brochure/advertisement/website for the purpose of admission and none thereafter."
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The Supreme Court has issued a schedule that was to be followed by all the authorities granting admission and it is this which has been applied in holding that the last date up to which the students can be admitted is 15th August. The apex court has also laid down that the schedule prescribed by it shall not be varied by any authority or person. It is possibly this order, which has resulted in the Director of Technical Education, refusing to grant approval of admission, as admittedly, the students have been admitted beyond 1.8.2013.
There is no iota of doubt that the time schedule prescribed by the apex court ought to have been strictly followed and the breach of the same would certainly visit the errant institutions with appropriate penalties, but it shall not be the students who have been so admitted. It is this, which would be the concern of this court.
Therefore, in view of the students having been permitted to take the examinations, it would be unfair to now declare that 29 the admissions are void. The admissions therefore would have to be regularized notwithstanding that it was made beyond the last date fixed by the apex court. The apex court however does not lay down as to what would be the consequence if there is variance with the time schedule. Therefore, in the discretion of this court, there is warrant for imposition of penalty. However, the penalty that may be imposed on the State would only result in public money being expended by way of costs. This would not serve the purpose of bringing home to the authorities concerned the need for adherence to academic discipline and the time schedule, which was prescribed by no less than Apex Court itself. In the expectation that such an irregularity would not be committed in the future and that there shall be no laxity in adhering to the time schedules, the admissions made for the academic year 2013-14 in the circumstances aforesaid, shall stand regularized. It is made clear that any breach in adhering to the time schedules in the future shall visit the individual 30 officers concerned with appropriate disciplinary proceedings, which this court will monitor, if the need arises.
Therefore, with that observation, the petitions are allowed. The respondents are directed to regularise and approve the admissions of the students, whose admissions have been kept in abeyance.
Sd/-
JUDGE nv