Shroff S R Rotary Institute Of Chemical ... vs All India Council For Technical ... on 27 February, 2015

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Gujarat High Court

Shroff S R Rotary Institute Of Chemical ... vs All India Council For Technical ... on 27 February, 2015

Bench: Abhilasha Kumari

         C/SCA/3378/2015                               ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            SPECIAL CIVIL APPLICATION NO. 3378 of 2015

================================================================
   SHROFF S R ROTARY INSTITUTE OF CHEMICAL TECHNOLOGY &
                         1....Petitioner(s)
                              Versus
 ALL INDIA COUNCIL FOR TECHNICAL EDUCATION & 1....Respondent(s)
================================================================
Appearance:
MR MIHIR J THAKORE, LEARNED SENIOR ADVOCATE WITH MR KUNAN
NAYAK FOR M/S TRIVEDI & GUPTA, ADVOCATE for the Petitioner(s) No. 1 -
2
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        CORAM: HONOURABLE SMT. JUSTICE ABHILASHA
               KUMARI

                           Date : 27/02/2015


                            ORAL ORDER

1. Heard Mr.Mihir J. Thakore, learned Senior Advocate with Mr.Kunan Nayak, learned advocate for M/s. Trivedi & Gupta, learned advocate for the petitioners.

2. It is submitted that the petitioner No.1 Institution has incurred huge expenditure for starting Divisions for PostGraduation studies in the form of infrastructure, appointment of teachers and other Page 1 of 5 C/SCA/3378/2015 ORDER staff as well as Laboratories and Library, on the basis of the New Approval Handbook, 201314, which, to the best of the knowledge of the petitioners, has been continued by interim orders passed by the Supreme Court in I.A. No.09 of 2014 in Special Leave to Appeal (Civil) No.7277 of 2014.

2.1 That without any prior intimation, a public notice appeared on the website of respondent No.1 All India Council for Technical Education (AICTE) on 24.01.2015, stating that the filing of online application for the Session 201516 in respect of all approvals shall start on 24.01.2015 and end on 25.02.2015.

2.2 That for the first time, in the All India Council for Technical Education Approval Process Handbook (20152016), a condition has been imposed that the institutions shall be eligible for new courses/expansion of existing courses, equal to the number of valid NBA accredited courses, limited to maximum four (04) divisions within the definition division/programme/level as defined under Clause 2.11 Page 2 of 5 C/SCA/3378/2015 ORDER (Grant of approval for Technical Institution Regulation 2012).

2.3 That the requirement for valid NBA Accreditation has never been the norm in any of the previous years and even in the Handbook 201314.

2.4 That the petitioners have not been granted sufficient time to deal with this requirement. Had it been in the knowledge of the petitioners, it would not have incurred huge expenditure for putting infrastructures, appointment of teachers and other staff members etc. 2.5 That the Regulations for NBA Accreditation have not been placed before the Parliament, so far. In the judgment of the Supreme Court in the case of Association of management of Private Colleges Vs. All India Council for Technical Education and others reported in (2013)8 SCC 271, it has been clearly stated in Paragraph67 of the judgment that not placing the amended Regulations on the floor of the Houses of Parliament as required under Section 24 of Page 3 of 5 C/SCA/3378/2015 ORDER the AICTE Act vitiates the amended Regulations in law. 2.6 That the last date for filing online applications ends in the evening today, therefore, in view of the above submissions, the petitioners may be permitted to file the applications and the respondents may be directed to accept the same.

3. After perusal of the averments made in the petition, material on record and consideration of the above submissions, the following order is passed:

Issue Notice and Notice as to interim relief, returnable on 16.03.2015.

By way of adinterim relief, it is directed that respondent No.1AICTE shall accept the application for approval of new Divisions of PostGraduation for the courses of Chemical and Mechanical Engineering for the Academic Year 201516, provisionally, without asking for accreditation from the National Board of Accreditation.

It is clarified that the mere acceptance of the Page 4 of 5 C/SCA/3378/2015 ORDER application would not create any right and equity in favour of the petitioners.

In addition to the normal mode of service, Direct Service, today, is also permitted.

In addition thereto, learned counsel for the petitioners is permitted to serve the notices through Facsimile Transmission, at the cost of the petitioners.

(SMT. ABHILASHA KUMARI, J.) piyush Page 5 of 5

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