Supreme Court - Daily Orders
Nawab Shah Alam Khan College Of ... vs Jawharlal Nehru Technology University on 29 October, 2014
Bench: Sudhansu Jyoti Mukhopadhaya, S.A. Bobde
REVISED ORDER
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
SPECIAL LEAVE PETITION (C) NO.26648/2014
NAWAB SHAH ALAM KHAN COLLEGE
OF ENGINEERING AND ORS Petitioner(s)
Vs.
JAWAHARLAL NEHRU TECHNOLOGY
UNIVERSITY AND ORS Respondent(s)
WITH
SLP(C) No.26694/2014
SLP(C) No.26968/2014
SLP(C) No.26972/2014
SLP(C) No.27801/2014
W.P.(C) No.864/2014
W.P.(C) No.866/2014
W.P.(C) No.880/2014
W.P.(C) No.921/2014
S.L.P.(C)...CC No. 16719/2014
S.L.P.(C)...CC No. 16731/2014
S.L.P.(C)...CC No. 16754/2014
S.L.P.(C)...CC No. 17025/2014
S.L.P.(C)...CC No. 17027/2014
S.L.P.(C)...CC No. 17090/2014
Signature Not Verified
Digitally signed by
S.L.P.(C)...CC No. 17144/2014
Rajni Mukhi
Date: 2014.11.14
14:31:13 IST
Reason:
1
O R D E R
Interlocutory Applications in C.A. No.9048/2012 have been
filed by the Institutions/Colleges imparting teaching of
engineering pharmaceuticals courses within the State of Telengana
seeking extension of time/schedule of counselling and admission in
the private un-aided AICTE approved technical colleges imparting
teaching of technical courses for the Academic Sessions 2014-2015.
Earlier I.A. No. 46/2014 in C.A. No. 9048 of 2012 was filed by
the State of Telengana for extension of time in view of creation
of the State of Telengana on 2nd June, 2014. Similar I.A.
Nos.50,51,52,53,54,55,56 of 2014 were also filed by the Technical
Institutions situated within the State of Haryana for impleading
them as a party in C.A. No. 9048/2012 alongwith applications
seeking extension of time/schedule of counselling and admission in
the private un-aided AICTE approved technical colleges imparting
teaching of technical courses for the Academic Sessions 2014-2015.
Taking into consideration the fact that if extension is
allowed, the students will not suffer and on contrary, if not
allowed, many of the students may suffer by not getting admission,
inspite of vacancy in different institutions. This Court by order
dated 29th August, 2014 passed following order:
The Applicants have now proposed the academic calendar for
2
admission in their Colleges/Institutions, without loss of teaching
days, making Saturdays as teaching days :
Start of academic session 1St of September No. of Days considering 6 days a
week – Holidays*
Last day of teaching 29th of November 78-06 = 72 teaching days
Issue of Admit Card 1St of Dec (Admit card are
issued on line)
Preparation, Leave for Exam 1St Dec – 14Th Dec 14 Days
Start of Semester examination 15Th of December 2014
End of Semester examination 10Th of Jan 2015
Start of second semester 15Th of January 2015
The learned counsel appearing on behalf of other applicants
and AICTE submits that there is no objection if the Academic
Calendar Year proposed by the applicant – International Institute
of Technology & Business, Sonepat and others in I.A. No. 50/2014 is
allowed. It may be allowed to be applied to other institutions who
have filed similar applications.
Having heard the learned counsel for the parties, we direct to
implead the applicants as party to C.A. No. 9048/2012, extend the
cut-off for counselling and admission as fixed by the final
judgment and order dated 13th December, 2012 passed in C.A. NO.
9048/2012 by one week i.e. 5th September, 2014 with clear
understanding that they will admit the students and complete the
Session as per the time schedule shown and recorded above.
This extension of time for Counselling and Admission shall be
applicable to the Colleges/Institutions who have filed the
applications for impleading as the parties to the present appeal
3
and the Colleges and Institutions for whom permission has been
sought by AICTE.
In these applications the grievance of the applicants is that
inspite of the extension granted by this Court, about 174 private
technical colleges/institutions of the State of Tenengana, who
were recognized by Jawahar Lal Nehru Technology University,
Hyderabad (hereinafter referred to as the “University”) have not
been allowed counseling and admission of students.
According to the university, the colleges/institutions in
question have not been granted reaffiliation for the Sessions
2014-2015 as they do not fulfil all the requisite conditions. On
the other hand, according to the council for the applicants, all
the technical colleges/institutions fulfilled all criteria and,
therefore, approved by All India Council of Technical Education
(AICTE)/Pharmaceutical Council of India for the Sessions
2014-2015. It is also contended that these colleges/institutions
were in fact affiliated with the university for the session
2013-2014 but on wrong ground they have not extended the
affiliation. Further according to applicants, the
AICTE/Pharmaceutical Council of India, being bodies constituted
under the Central Act, their finding relating to approval will
prevail over the finding of the university regarding fulfillment
of requisite conditions.
We have heard the learned counsel for the parties and perused
the record. Taking into consideration the fact that the applicant
institutions and others though are approved by AICTE/Pharmacy
Council of India for the Sessions 2014-2015 and that these
4
institutions were affiliated with the University for the session
2013-2014, but for a dispute they have not been allowed
counseling of students and their admission, we are inclined to
extend certain time to enable those technical
colleges/institutions to admit students with specific conditions.
The students who complete minimum attendance in the classes as is
required under the AICTE Act, 1987 and regulation framed
thereunder, relevant portion of which reads as follows :
“20.2 The academic session and the teaching process
shall commence on 1st August of the year in which the
academic session is to commence and the concern
University/Boards shall ensure the total number of
teaching days, practical and contact hours with
students in a given academic session are strictly in
accordance with the following schedule:
Programme UG PG Diploma
Total Number of Contact Number Contac Number Contact
Teaching days = hours / of t of hours /
90, out of semester Teaching hours Teachin semester
which Number of days / / g
Contact days semester semest days /
for teaching / er semeste
practical = 75 r
and exam
conduct and
preparation
days = 15
Engineerin 75 525 75 525 75 525
g/
Pharmacy/
Architectu
re/ HMCT /
Arts &
Crafts
MBA/PGDM 75 525
MCA 75 525
Therefore, we allow the prayer and pass the following order:
The concerned authority will call for applications for
counselling and admission immediately and admit those students who
5
have competed the examination recognised/conducted by State for
admission in Technical Colleges/Institutions, on or before 14th
November, 2014. Rest of the calendar will be as follows:
Start of academic 15th November, 2014 No. of Days
session considering 6 days a
week – excluding
Holidays*
Last day of teaching 30th January, 2015 84-08 = 76
Approximately days
(If necessary,
institutions may
conduct the classes
for 8-81/2 hrs.) but
must hold classes for
525 hrs.
Issue of Admit Card 5th February,2015
(Admit card are
issued on line)
Preparation, Leave 1st Feb.– 14th 14 Days
for Exam Feb.,2015
Start of Semester 15th of Feb., 2015
examination
End of Semester 2nd of March, 2015
examination
Start of second 15th March, 2015
semester examination
End of 2nd semester 30th June, 2015
examination
Insofar affiliation of institutions by the University is
concerned, the Colleges/Institutions who have already filed an
application for renewal of affiliation for the Sessions 2014-2015
or may file such application with requisite fee by 5th of November,
2014, the University if so required may inspect the colleges
through an appropriate Committee consisting of external experts
from IIT, Hyderabad and BITS, Pilani at Hyderabad. Applicants and
6
other Colleges/ Institutions will cooperate with them. After the
inspection, the University will pass appropriate order by 31st
December, 2014.
In case of refusal of affiliation, the University will give
reason as to why they have refused renewal of affiliation of the
Colleges/Institutions, when they were earlier affiliated with the
University for the Session 2013-2014. If there is a minor
deficiency, the University may grant conditional renewal of
affiliation with stipulation that minor defect should be removed
within a specified period.
The University in such a case should also give reason as to
why the approval granted by AICTE/Pharmacy Council of India for
the Session 2014-2015 shall not prevail over the finding of the
University. However, in case of any dispute, the concerned
College/Institution may move before the Court of Competent
Jurisdiction for appropriate relief.
All the Colleges/Institutions who have been allowed to admit
students will make it clear to the students that their admission
are subject to the affiliation by the University and in case of
refusal or non grant of affiliation, the College/Institution will
be liable to refund the fee to the students.
We also direct the Colleges/Institutions that in case they
admit the students, their fees be kept in a separate interest
bearing bank account, until such time the affiliation is received,
so that in case of refusal, they may refund the amount to the
concerned students. We make it further clear that no capitation
7
fee or hidden charges should be charged during the admission.
It is also made clear that while admitting the students, no
college/institution will admit those students who have already
been admitted in other colleges/institutions within the State nor
admit the students by transfer from other Colleges/Institutions.
Each of the Colleges/Institutions will file undertaking with
the university within one month, that they will follow the time
Schedule and if they hold extra classes beyond seven hours, they
will pay overtime to the teachers. Any breach of the undertaking,
shall be considered as breach of the order passed by this Court.
This order will be confined to the Colleges/Institutions situated
within the State of Telengana.
In view of the aforesaid order, no specific order is required
to be passed in the applications for impleadment/intervention. All
such applications stand disposed of accordingly.
...........................J.
[SUDHANSU JYOTI MUKHOPADHAYA]
...........................J.
[S.A. BOBDE]
NEW DELHI
OCTOBER 29, 2014
8
REVISED PROCEEDING
ITEM NO.1 COURT NO.4 SECTION XIIA
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 26648/2014
(Arising out of impugned final judgment and order dated 01/09/2014
in WPMP No. 32101/2014,01/09/2014 in WPMP No. 25683/2014 passed by
the High Court Of A.p At Hyderabad)
NAWAB SHAH ALAM KHAN COLLEGE OF ENGINEERING AND ORSPetitioner(s)
VERSUS
JAWHARLAL NEHRU TECHNOLOGY UNIVERSITY AND ORS Respondent(s)
WITH
SLP(C) No. 26694/2014
(With appln.(s) for impleadment and appln.(s) for exemption from
filing c/c of the impugned judgment and Interim Relief and Office
Report)
W.P.(C) No. 864/2014
(With Office Report)
SLP(C) No. 26968/2014
(With appln.(s) for deletion of proforma respondents and appln.(s)
for deletion of proforma respondents and appln.(s) for directions
and appln.(s) for exemption from filing c/c of the impugned
judgment and Interim Relief and Office Report)
SLP(C) No. 26972/2014
(With appln.(s) for deletion of proforma respondents and appln.(s)
for directions and appln.(s) for exemption from filing c/c of the
impugned judgment and Interim Relief and Office Report)
W.P.(C) No. 866/2014
(With Office Report)
W.P.(C) No. 880/2014
(With Office Report)
S.L.P.(C)...CC No. 16719/2014
(With appln.(s) for permission to file SLP and Interim Relief and
Office Report)
S.L.P.(C)...CC No. 16731/2014
(With appln.(s) for permission to file SLP and Interim Relief and
Office Report)
S.L.P.(C)...CC No. 16754/2014
(With appln.(s) for permission to file SLP and Interim Relief and
Office Report)
S.L.P.(C)...CC No. 17025/2014
(With appln.(s) for permission to file SLP and Interim Relief and
Office Report)
9
S.L.P.(C)...CC No. 17027/2014
(With appln.(s) for permission to file SLP and Interim Relief and
Office Report)
S.L.P.(C)...CC No. 17090/2014
(With appln.(s) for permission to file SLP and Interim Relief and
Office Report)
S.L.P.(C)...CC No. 17144/2014
(With appln.(s) for permission to file SLP and Interim Relief and
Office Report)
W.P.(C) No. 921/2014
(With Office Report)
SLP(C) No. 27801/2014
(With Interim Relief and Office Report)
Date : 29/10/2014 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE SUDHANSU JYOTI MUKHOPADHAYA
HON'BLE MR. JUSTICE S.A. BOBDE
For Petitioner(s) Mr. P. N. Puri,Adv.
Mr. R. Venkataramani, Sr. Adv.
Mr. Hemal Kiritkumar Sheth,Adv.
Mr. Yashraj Bundela, Adv.
Mrs. Neelam Singh, Adv.
Mr. Rajeev Dhavan, Sr. Adv.
Mr. Yogesh Raavi, Adv.
Mr. Tatini Basu, Adv.
Mr. G. Ramakrishna Prasad, Adv.
Mr. Mohd. Wasay Khan, Adv.
Ms. Filza Moonis, Adv.
Mr. Dushyant Dave, Sr. Adv.
Mr. Abhishek Manu Singhvi, Sr. Adv.
Mr. Aman Vachher, Adv.
Mr. Ashutosh Dubey, Adv.
Ms. Mridula Mridul, Adv.
Mr. Harsh Sharma, Adv.
Mr. Abhishek Chauhan, Adv.
Mr. Rajendra Anbhule, Adv.
Mr. Gopal Subramanium, Sr.Adv.
Mr. H.P. Rawal, Sr. Adv.
Mr. G. N. Reddy,Adv.
Mr. Bala Shivudu M., Adv.
M/s. M. Rambabu & Co.,Adv.
10
Mr. Soumyajit Pani, Adv.
Mr. Vinodh Kanna B.,Adv.
For Respondent(s) Mr. P. Venkat Reddy, Adv.
Mr. Sumanth Nookala, Adv.
M/s. Venkat Palwai Law Associates,Adv.
Mr. H.N. Salve, Sr. Adv.
Mr. Mukul Rohatgi, A.G.
Mr. K. Ramkrishna Reddy, Adv.
Mr. S. Udaya Kumar Sagar,Adv.
Mr. Krishna Kr. Singh, Adv.
Mr. Amitesh Kumar, Adv.
Mr. M.K. Sinha, Adv.
For Applicant Mr. C. Mukund, Adv.
Mr. Ashok Kumar Jain, Adv.
Mr. Pankaj Jain, Adv.
Mr. Abhilash Attri, Adv.
Mr. Bijoy Kr. Jain, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Permission to file special leave petition is granted.
Application for deletion of proforma Respondents in SLP (c) No. 26968/2014 is allowed.
Applications for impleadment and intervention are disposed of in terms of the Signed Order.
(Rajni Mukhi) (Suman Jain)
Sr. P.A. Court Master
( Revised Signed Order is placed on the file) 11 CORRECTED COPY IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (C) NO.26648/2014 NAWAB SHAH ALAM KHAN COLLEGE OF ENGINEERING AND ORS Petitioner(s) Vs. JAWAHARLAL NEHRU TECHNOLOGY UNIVERSITY AND ORS Respondent(s) WITH SLP(C) No.26694/2014 SLP(C) No.26968/2014 SLP(C) No.26972/2014 SLP(C) No.27801/2014 W.P.(C) No.864/2014 W.P.(C) No.866/2014 W.P.(C) No.880/2014 W.P.(C) No.921/2014 S.L.P.(C)...CC No. 16719/2014 S.L.P.(C)...CC No. 16731/2014 S.L.P.(C)...CC No. 16754/2014 S.L.P.(C)...CC No. 17025/2014 S.L.P.(C)...CC No. 17027/2014 S.L.P.(C)...CC No. 17090/2014 S.L.P.(C)...CC No. 17144/2014 12 O R D E R Interlocutory Applications in C.A. No.9048/2012 have been filed by the Institutions/Colleges imparting teaching of engineering pharmaceuticals courses within the State of Telengana seeking extension of time/schedule of counselling and admission in the private un-aided AICTE approved technical colleges imparting teaching of technical courses for the Academic Sessions 2014-2015.
Earlier I.A. No. 46/2014 in C.A. No. 9048 of 2012 was filed by the State of Telengana for extension of time in view of creation of the State of Telengana on 2nd June, 2014. Similar I.A. Nos.50,51,52,53,54,55,56 of 2014 were also filed by the Technical Institutions situated within the State of Haryana for impleading them as a party in C.A. No. 9048/2012 alongwith applications seeking extension of time/schedule of counselling and admission in the private un-aided AICTE approved technical colleges imparting teaching of technical courses for the Academic Sessions 2014-2015.
Taking into consideration the fact that if extension is allowed, the students will not suffer and on contrary, if not allowed, many of the students may suffer by not getting admission, inspite of vacancy in different institutions. This Court by order dated 29th August, 2014 passed following order:
The Applicants have now proposed the academic calendar for 13 admission in their Colleges/Institutions, without loss of teaching days, making Saturdays as teaching days :
Start of academic session 1St of September No. of Days considering 6 days a week – Holidays* Last day of teaching 29th of November 78-06 = 72 teaching days Issue of Admit Card 1St of Dec (Admit card are issued on line) Preparation, Leave for Exam 1St Dec – 14Th Dec 14 Days Start of Semester examination 15Th of December 2014 End of Semester examination 10Th of Jan 2015 Start of second semester 15Th of January 2015 The learned counsel appearing on behalf of other applicants and AICTE submits that there is no objection if the Academic Calendar Year proposed by the applicant – International Institute of Technology & Business, Sonepat and others in I.A. No. 50/2014 is allowed. It may be allowed to be applied to other institutions who have filed similar applications.
Having heard the learned counsel for the parties, we direct to implead the applicants as party to C.A. No. 9048/2012, extend the cut-off for counselling and admission as fixed by the final judgment and order dated 13th December, 2012 passed in C.A. NO. 9048/2012 by one week i.e. 5th September, 2014 with clear understanding that they will admit the students and complete the Session as per the time schedule shown and recorded above.
This extension of time for Counselling and Admission shall be applicable to the Colleges/Institutions who have filed the applications for impleading as the parties to the present appeal 14 and the Colleges and Institutions for whom permission has been sought by AICTE.
In these applications the grievance of the applicants is that inspite of the extension granted by this Court, about 174 private technical colleges/institutions of the State of Tenengana, who were recognized by Jawahar Lal Nehru Technology University, Hyderabad (hereinafter referred to as the “University”) have not been allowed counseling and admission of students.
According to the university, the colleges/institutions in question have not been granted reaffiliation for the Sessions 2014-2015 as they do not fulfil all the requisite conditions. On the other hand, according to the council for the applicants, all the technical colleges/institutions fulfilled all criteria and, therefore, approved by All India Council of Technical Education (AICTE)/Pharmaceutical Council of India for the Sessions 2014-2015. It is also contended that these colleges/institutions were in fact affiliated with the university for the session 2013-2014 but on wrong ground they have not extended the affiliation. Further according to applicants, the AICTE/Pharmaceutical Council of India, being bodies constituted under the Central Act, their finding relating to approval will prevail over the finding of the university regarding fulfillment of requisite conditions.
We have heard the learned counsel for the parties and perused the record. Taking into consideration the fact that the applicant institutions and others though are approved by AICTE/Pharmacy Council of India for the Sessions 2014-2015 and that these 15 institutions were affiliated with the University for the session 2013-2014, but for a dispute they have not been allowed counseling of students and their admission, we are inclined to extend certain time to enable those technical colleges/institutions to admit students with specific conditions. The students who complete minimum attendance in the classes as is required under the AICTE Act, 1987 and regulation framed thereunder, relevant portion of which reads as follows :
“20.2 The academic session and the teaching process shall commence on 1st August of the year in which the academic session is to commence and the concern University/Boards shall ensure the total number of teaching days, practical and contact hours with students in a given academic session are strictly in accordance with the following schedule:
Programme UG PG Diploma
Total Number of Contact Number Contac Number Contact
Teaching days = hours / of t of hours /
90, out of semester Teaching hours Teachin semester
which Number of days / / g
Contact days semester semest days /
for teaching / er semeste
practical = 75 r
and exam
conduct and
preparation
days = 15
Engineerin 75 525 75 525 75 525
g/
Pharmacy/
Architectu
re/ HMCT /
Arts &
Crafts
MBA/PGDM 75 525
MCA 75 525
Therefore, we allow the prayer and pass the following order:
The concerned authority will call for applications for counselling and admission immediately and admit those students who 16 have competed the examination recognised/conducted by State for admission in Technical Colleges/Institutions, on or before 14th November, 2014. Rest of the calendar will be as follows:
Start of academic 15th November, 2014 No. of Days
session considering 6 days a
week – excluding
Holidays*
Last day of teaching 30th January, 2015 84-08 = 76
Approximately days
(If necessary,
institutions may
conduct the classes
for 8-81/2 hrs.) but
must hold classes for
525 hrs.
Issue of Admit Card 5th February,2015
(Admit card are
issued on line)
Preparation, Leave 1st Feb.– 14th 14 Days
for Exam Feb.,2015
Start of Semester 15th of Feb., 2015
examination
End of Semester 2nd of March, 2015
examination
Start of second 15th March, 2015
semester examination
End of 2nd semester 30th June, 2015
examination
Insofar affiliation of institutions by the University is
concerned, the Colleges/Institutions who have already filed an
application for renewal of affiliation for the Sessions 2014-2015 or may file such application with requisite fee by 5th of November, 2014, the University if so required may inspect the colleges through an appropriate Committee consisting of external experts from IIT, Hyderabad and BITS, Pilani at Hyderabad. Applicants and 17 other Colleges/ Institutions will cooperate with them. After the inspection, the University will pass appropriate order by 31st December, 2014.
In case of refusal of affiliation, the University will give reason as to why they have refused renewal of affiliation of the Colleges/Institutions, when they were earlier affiliated with the University for the Session 2013-2014. If there is a minor deficiency, the University may grant conditional renewal of affiliation with stipulation that minor defect should be removed within a specified period.
The University in such a case should also give reason as to why the approval granted by AICTE/Pharmacy Council of India for the Session 2014-2015 shall not prevail over the finding of the University. However, in case of any dispute, the concerned College/Institution may move before the Court of Competent Jurisdiction for appropriate relief.
All the Colleges/Institutions who have been allowed to admit students will make it clear to the students that their admission are subject to the affiliation by the University and in case of refusal or non grant of affiliation, the College/Institution will be liable to refund the fee to the students.
We also direct the Colleges/Institutions that in case they admit the students, their fees be kept in a separate interest bearing bank account, until such time the affiliation is received, so that in case of refusal, they may refund the amount to the concerned students. We make it further clear that no capitation 18 fee or hidden charges should be charged during the admission. It is also made clear that while admitting the students, no college/institution will admit those students who have already been admitted in other colleges/institutions within the State nor admit the students by transfer from other Colleges/Institutions. Each of the Colleges/Institutions will file undertaking with the university within one month, that they will follow the time Schedule and if they hold extra classes beyond seven hours, they will pay overtime to the teachers. Any breach of the undertaking, shall be considered as breach of the order passed by this Court. This order will be confined to the Colleges/Institutions situated within the State of Telengana.
Applications are disposed of.
...........................J. [SUDHANSU JYOTI MUKHOPADHAYA] ...........................J. [S.A. BOBDE] NEW DELHI OCTOBER 29, 2014 19 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (C) NO.26648/2014 NAWAB SHAH ALAM KHAN COLLEGE OF ENGINEERING AND ORS Petitioner(s) Vs. JAWAHARLAL NEHRU TECHNOLOGY UNIVERSITY AND ORS Respondent(s) WITH SLP(C) No.26694/2014 SLP(C) No.26968/2014 SLP(C) No.26972/2014 SLP(C) No.27801/2014 W.P.(C) No.864/2014 W.P.(C) No.866/2014 W.P.(C) No.880/2014 W.P.(C) No.921/2014 S.L.P.(C)...CC No. 16719/2014 S.L.P.(C)...CC No. 16731/2014 S.L.P.(C)...CC No. 16754/2014 S.L.P.(C)...CC No. 17025/2014 S.L.P.(C)...CC No. 17027/2014 S.L.P.(C)...CC No. 17090/2014 S.L.P.(C)...CC No. 17144/2014 20 O R D E R Interlocutory Applications in C.A. No.9048/2012 have been filed by the Institutions/Colleges imparting teaching of engineering pharmaceuticals courses within the State of Telengana seeking extension of time/schedule of counselling and admission in the private un-aided AICTE approved technical colleges imparting teaching of technical courses for the Academic Sessions 2014-2015.
Earlier I.A. No. 46/2014 in C.A. No. 9048 of 2012 was filed by the State of Telengana for extension of time in view of creation of the State of Telengana on 2nd June, 2014. Similar I.A. Nos.50,51,52,53,54,55,56 of 2014 were also filed by the Technical Institutions situated within the State of Haryana for impleading them as a party in C.A. No. 9048/2012 alongwith applications seeking extension of time/schedule of counselling and admission in the private un-aided AICTE approved technical colleges imparting teaching of technical courses for the Academic Sessions 2014-2015.
Taking into consideration the fact that if extension is allowed, the students will not suffer and on contrary, if not allowed, many of the students may suffer by not getting admission, inspite of vacancy in different institutions. This Court by order dated 29th August, 2014 passed following order:
The Applicants have now proposed the academic calendar for 21 admission in their Colleges/Institutions, without loss of teaching days, making Saturdays as teaching days : Start of academic session 1St of September No. of Days considering 6 days a week – Holidays* Last day of teaching 29th of November 78-06 = 72 teaching days Issue of Admit Card 1St of Dec (Admit card are issued on line) Preparation, Leave for Exam 1St Dec – 14Th Dec 14 Days Start of Semester examination 15Th of December 2014 End of Semester examination 10Th of Jan 2015 Start of second semester 15Th of January 2015 The learned counsel appearing on behalf of other applicants and AICTE submits that there is no objection if the Academic Calendar Year proposed by the applicant – International Institute of Technology & Business, Sonepat and others in I.A. No. 50/2014 is allowed. It may be allowed to be applied to other institutions who have filed similar applications.
Having heard the learned counsel for the parties, we direct to implead the applicants as party to C.A. No. 9048/2012, extend the cut-off for counselling and admission as fixed by the final judgment and order dated 13th December, 2012 passed in C.A. NO. 9048/2012 by one week i.e. 5th September, 2014 with clear understanding that they will admit the students and complete the Session as per the time schedule shown and recorded above.
This extension of time for Counselling and Admission shall be applicable to the Colleges/Institutions who have filed the applications for impleading as the parties to the present appeal 22 and the Colleges and Institutions for whom permission has been sought by AICTE.
In these applications the grievance of the applicants is that inspite of the extension granted by this Court, about 174 private technical colleges/institutions of the State of Tenengana, who were recognized by Jawahar Lal Nehru Technology University, Hyderabad (hereinafter referred to as the “University”) have not been allowed counseling and admission of students.
According to the university, the colleges/institutions in question have not been granted reaffiliation for the Sessions 2014-2015 as they do not fulfil all the requisite conditions. On the other hand, according to the council for the applicants, all the technical colleges/institutions fulfilled all criteria and, therefore, approved by All India Council of Technical Education (AICTE)/Pharmaceutical Council of India for the Sessions 2014-2015. It is also contended that these colleges/institutions were in fact affiliated with the university for the session 2013-2014 but on wrong ground they have not extended the affiliation. Further according to applicants, the AICTE/Pharmaceutical Council of India, being bodies constituted under the Central Act, their finding relating to approval will prevail over the finding of the university regarding fulfillment of requisite conditions.
We have heard the learned counsel for the parties and perused the record. Taking into consideration the fact that the applicant institutions and others though are approved by AICTE/Pharmacy Council of India for the Sessions 2014-2015 and that these 23 institutions were affiliated with the University for the session 2013-2014, but for a dispute they have not been allowed counseling of students and their admission, we are inclined to extend certain time to enable those technical colleges/institutions to admit students with specific conditions. The students who complete minimum attendance in the classes as is required under the AICTE Act, 1987 and regulation framed thereunder, relevant portion of which reads as follows :
“20.2 The academic session and the teaching process shall commence on 1st August of the year in which the academic session is to commence and the concern University/Boards shall ensure the total number of teaching days, practical and contact hours with students in a given academic session are strictly in accordance with the following schedule:
Programme UG PG Diploma
Total Number of Contact Number Contac Number Contact
Teaching days = hours / of t of hours /
90, out of semester Teaching hours Teachin semester
which Number of days / / g
Contact days semester semest days /
for teaching / er semeste
practical = 75 r
and exam
conduct and
preparation
days = 15
Engineerin 75 525 75 525 75 525
g/
Pharmacy/
Architectu
re/ HMCT /
Arts &
Crafts
MBA/PGDM 75 525
MCA 75 525
Therefore, we allow the prayer and pass the following order:
The Colleges/Institutions will call for applications for counselling and admission immediately and admit those students who 24 have competed the examination recognised/conducted by State for admission in Technical Colleges/Institutions, on or before 14th November, 2014. Rest of the calendar will be as follows:
Start of academic 15th November, 2014 No. of Days
session considering 6 days a
week – excluding
Holidays*
Last day of teaching 30th January, 2015 84-08 = 76
Approximately days
(If necessary,
institutions may
conduct the classes
for 8-81/2 hrs.) but
must hold classes for
525 hrs.
Issue of Admit Card 5th February,2015
(Admit card are
issued on line)
Preparation, Leave 1st Feb.– 14th 14 Days
for Exam Feb.,2015
Start of Semester 15th of Feb., 2015
examination
End of Semester 2nd of March, 2015
examination
Start of second 15th March, 2015
semester examination
End of 2nd semester 30th June, 2015
examination
Insofar affiliation of institutions by the University is
concerned, the Colleges/Institutions who have already filed an
application for renewal of affiliation for the Sessions 2014-2015 or may file such application with requisite fee by 5th of November, 2014, the University if so required may inspect the colleges through an appropriate Committee consisting of external experts from IIT, Hyderabad and BITS, Pilani at Hyderabad. Applicants and 25 other Colleges/ Institutions will cooperate with them. After the inspection, the University will pass appropriate order by 31st December, 2014.
In case of refusal of affiliation, the University will give reason as to why they have refused renewal of affiliation of the Colleges/Institutions, when they were earlier affiliated with the University for the Session 2013-2014. If there is a minor deficiency, the University may grant conditional renewal of affiliation with stipulation that minor defect should be removed within a specified period.
The University in such a case should also give reason as to why the approval granted by AICTE/Pharmacy Council of India for the Session 2014-2015 shall not prevail over the finding of the University. However, in case of any dispute, the concerned College/Institution may move before the Court of Competent Jurisdiction for appropriate relief.
All the Colleges/Institutions who have been allowed to admit students will make it clear to the students that their admission are subject to the affiliation by the University and in case of refusal or non grant of affiliation, the College/Institution will be liable to refund the fee to the students.
We also direct the Colleges/Institutions that in case they admit the students, their fees be kept in a separate interest bearing bank account, until such time the affiliation is received, so that in case of refusal, they may refund the amount to the concerned students. We make it further clear that no capitation 26 fee or hidden charges should be charged during the admission. It is also made clear that while admitting the students, no college/institution will admit those students who have already been admitted in other colleges/institutions within the State nor admit the students by transfer from other Colleges/Institutions. Each of the Colleges/Institutions will file undertaking with the university within one month, that they will follow the time Schedule and if they hold extra classes beyond seven hours, they will pay overtime to the teachers. Any breach of the undertaking, shall be considered as breach of the order passed by this Court. This order will be confined to the Colleges/Institutions situated within the State of Telengana.
Applications are disposed of.
...........................J. [SUDHANSU JYOTI MUKHOPADHAYA] ...........................J. [S.A. BOBDE] NEW DELHI OCTOBER 29, 2014 27 REVISED PROCEEDING ITEM NO.1 COURT NO.4 SECTION XIIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 26648/2014 (Arising out of impugned final judgment and order dated 01/09/2014 in WPMP No. 32101/2014,01/09/2014 in WPMP No. 25683/2014 passed by the High Court Of A.p At Hyderabad) NAWAB SHAH ALAM KHAN COLLEGE OF ENGINEERING AND ORSPetitioner(s) VERSUS JAWHARLAL NEHRU TECHNOLOGY UNIVERSITY AND ORS Respondent(s) WITH SLP(C) No. 26694/2014 (With appln.(s) for impleadment and appln.(s) for exemption from filing c/c of the impugned judgment and Interim Relief and Office Report) W.P.(C) No. 864/2014 (With Office Report) SLP(C) No. 26968/2014 (With appln.(s) for deletion of proforma respondents and appln.(s) for deletion of proforma respondents and appln.(s) for directions and appln.(s) for exemption from filing c/c of the impugned judgment and Interim Relief and Office Report) SLP(C) No. 26972/2014 (With appln.(s) for deletion of proforma respondents and appln.(s) for directions and appln.(s) for exemption from filing c/c of the impugned judgment and Interim Relief and Office Report) W.P.(C) No. 866/2014 (With Office Report) W.P.(C) No. 880/2014 (With Office Report) S.L.P.(C)...CC No. 16719/2014 (With appln.(s) for permission to file SLP and Interim Relief and Office Report) S.L.P.(C)...CC No. 16731/2014 (With appln.(s) for permission to file SLP and Interim Relief and Office Report) S.L.P.(C)...CC No. 16754/2014 (With appln.(s) for permission to file SLP and Interim Relief and Office Report) S.L.P.(C)...CC No. 17025/2014 (With appln.(s) for permission to file SLP and Interim Relief and Office Report) S.L.P.(C)...CC No. 17027/2014 28 (With appln.(s) for permission to file SLP and Interim Relief and Office Report) S.L.P.(C)...CC No. 17090/2014 (With appln.(s) for permission to file SLP and Interim Relief and Office Report) S.L.P.(C)...CC No. 17144/2014 (With appln.(s) for permission to file SLP and Interim Relief and Office Report) W.P.(C) No. 921/2014 (With Office Report) SLP(C) No. 27801/2014 (With Interim Relief and Office Report) Date : 29/10/2014 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE SUDHANSU JYOTI MUKHOPADHAYA HON'BLE MR. JUSTICE S.A. BOBDE For Petitioner(s) Mr. P. N. Puri,Adv.
Mr. R. Venkataramani, Sr. Adv.
Mr. Hemal Kiritkumar Sheth,Adv.
Mr. Yashraj Bundela, Adv.
Mrs. Neelam Singh, Adv.
Mr. Rajeev Dhavan, Sr. Adv.
Mr. Yogesh Raavi, Adv.
Mr. Tatini Basu, Adv.
Mr. G. Ramakrishna Prasad, Adv.
Mr. Mohd. Wasay Khan, Adv.
Ms. Filza Moonis, Adv.
Mr. Dushyant Dave, Sr. Adv.
Mr. Abhishek Manu Singhvi, Sr. Adv.
Mr. Aman Vachher, Adv.
Mr. Ashutosh Dubey, Adv.
Ms. Mridula Mridul, Adv.
Mr. Harsh Sharma, Adv.
Mr. Abhishek Chauhan, Adv.
Mr. Rajendra Anbhule, Adv.
Mr. Gopal Subramanium, Sr.Adv.
Mr. H.P. Rawal, Sr. Adv.
Mr. G. N. Reddy,Adv.
Mr. Bala Shivudu M., Adv.
M/s. M. Rambabu & Co.,Adv.
Mr. Soumyajit Pani, Adv.
29 Mr. Vinodh Kanna B.,Adv.
For Respondent(s) Mr. P. Venkat Reddy, Adv.
Mr. Sumanth Nookala, Adv.
M/s. Venkat Palwai Law Associates,Adv. Mr. H.N. Salve, Sr. Adv.
Mr. Mukul Rohatgi, A.G. Mr. K. Ramkrishna Reddy, Adv.
Mr. S. Udaya Kumar Sagar,Adv.
Mr. Krishna Kr. Singh, Adv.
Mr. Amitesh Kumar, Adv.
Mr. M.K. Sinha, Adv.
For Applicant Mr. C. Mukund, Adv.
Mr. Ashok Kumar Jain, Adv.
Mr. Pankaj Jain, Adv.
Mr. Abhilash Attri, Adv.
Mr. Bijoy Kr. Jain, Adv.
UPON hearing the counsel the Court made the following O R D E R Prayer is allowed in terms of the Signed Order.
(Rajni Mukhi) (Suman Jain)
Sr. P.A. Court Master
(Signed Order is placed on the file)
30