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Orissa Technical Colleges Association vs All India Council For Technical ... on 12 August, 2015

Bench: Anil R. Dave, Kurian Joseph, Amitava Roy

     ITEM NO.1                          COURT NO.3                SECTION XIA

                               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.7277/2014

     (Arising out of impugned final judgment and order dated 18/12/2013
     in WP No.27639/2013 passed by the High Court of Orissa at Cuttack)

     ORISSA TECHNICAL COLLEGES ASSOCIATION                           Petitioner(s)

                                                VERSUS

     AICTE & ORS.                                       Respondent(s)
     (With appln.(s) for impleadment as party respondent and
     modification/recalling of the Court's order and office report)

     WITH
     SLP(C)Nos.15001-15004/2015
     (With appln.(s) for exemption from filing c/c of the impugned
     judgment and Interim Relief and Office Report)

     W.P.(C)No.296/2015
     (With appln.(s) for permission to file additional documents and
     Office Report)

     SLP(C)No.17427/2015
     (With appln. for exemption from filing c/c of the impugned
     judgment, exemption from filing O.T. and permission to file
     addl. documents and interim relief and office report)

     W.P.(C)No.369/2015 -
     (With appln.(s) for directions and Office Report)

     Date : 12/08/2015 These petitions were called on for hearing today.

     CORAM :
                         HON'BLE MR. JUSTICE ANIL R. DAVE
                         HON'BLE MR. JUSTICE KURIAN JOSEPH
                         HON'BLE MR. JUSTICE AMITAVA ROY

     For Petitioner(s)             Mr. Shadman Ali,Adv.
     SLP(C)No.7277                 Mr. Saad Shervani,Adv.
                                   For Mr. Abhishek Chaudhary,Adv.

     SLP(C)Nos.15001-04            Mr. Subramanium Prasad,Sr.Adv.
                                   Mr. Alok Sangwan,Adv.
Signature Not Verified
                                   Mr. Devashish Bharuka,Adv.
Digitally signed by
Sarita Purohit
Date: 2015.08.12

     WP(C)No.296
17:09:35 IST
Reason:                            Mr. Bijan Kumar Ghosh,Adv.
                                   Mr. Sanjay Mondal,Adv.


                                                 1
SLP(C)No.17427         Mr.    R.P. Bhatt,Sr.Adv.
                       Mr.    Sudhanshu S. Choudhari,Adv.
                       Mr.    Mahesh Deshmukh,Adv.
                       Mr.    Vatsalya Vigya,Adv.

WP(C)No.369            Mr. Amol B. Karande,Adv.
                       Mr. Pradip Deshmukh,Adv.
                       For Mr. Venkateswara Rao Anumolu,Adv.

For Respondent(s)
AICTE in SLP(C)No.     Mr.    Tushar Mehta,ASG
17427 & WP(C)No.       Mr.    Anil Soni,Adv.
369                    Mr.    Gaurav Sharma,Adv.
                       Mr.    Prateek Bhatia,Adv.

AICTE in SLP(C)        Mr. Amitesh Kumar,Adv.
No.7277,15001-04       Mr. Shashank Shekhar,Adv.
WP(C)No.296            Mr. Mritunjay Kumar Sinha,Adv.

State of               Mr. Kunal A. Cheema,Adv.
Maharashtra            Mr. Nishant Ramakantrao Katneshwarkar,Adv.

                       Ms. Sharmila Upadhyay,Adv.
                       Mr. Naveen R. Nath,Adv.

           UPON hearing the counsel the Court made the following
                              O R D E R

Heard the learned counsel.

The issue is whether accreditation by the NBA for enhancement of seats or an additional shift is mandatory.

Looking at the peculiar facts of the case, we direct the AICTE to scrutinize the pending applications made by the petitioners with regard to enhancement of intake of students or for an additional shift. The applications shall be scrutinized by the AICTE within three weeks from today without considering the fact that accreditation by the NBA has not been granted in favour of the petitioners. The decision which might be taken by the AICTE shall be placed on record of this Court on or before 31st August, 2015.

 This is a provisional order which shall apply only to the following institutions :

1. Silver Oak College of Engineering & Technology Through its Authorized Signatory Mr. Janak Khandwala, Opp. Bhagwat Vidhyapith, S.G. Highway, Nr. Gota Cross Road, Ahmedabad-382481, Gujarat.

2. Aditya Silver Oak Institute of Technology, Through its Authorized Signatory Mr. Janak Khandwala Opp. Bhagwat Vidhyapith, S.G. Highway, Nr. Gota Cross Road, Ahmedabad-382481, Gujarat.

3. Sardar Patel College of Engineering, Through its Authorized Signatory Dr. Kirtikumar Navanitlal Sheth, SPEC Campus, Vidya Nagar, Vadtal Road, Bakrot, Anand-388315, Gujarat.

4. Shroff S.R. Rotary Institute of Chemical Technology Through its Authorized Signatory Sh. Angiras Harikrishna Shukla, Vataria, Taluka-Valia, District Bharuch, Gujarat.

5. Late Haribhau Warpudkar Polytechnic College Parbhani Through Director Samsher Sureshrao Warpudkar

6. A.P. Shah Institute of Technology Survey No.12,13 Opp. Hypercity Mall, Kesarvadavali, Ghodbunder Road, Thane-400615 through its Principal The scrutiny by the AICTE will not create any right in favour of the afore-stated institutions.

List the matters on 1st September, 2015, at 2.00 p.m., as Part-heard.

(Sarita Purohit) (Sneh Bala Mehra) 3 Court Master Assistant Registrar 4