Supreme Court - Daily Orders
Fr. Thomas Melvetteth vs All India Council Of Technical ... on 9 November, 2016
Bench: Dipak Misra, Amitava Roy
SLP(C) 25021/16
1
ITEM NO.4 COURT NO.4 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.25021/2016
(Arising out of impugned final judgment and order dated 11/08/2016
in WA No. 1515/2016 passed by the High Court of Kerala at
Ernakulam)
FR. THOMAS MELVETTETH Petitioner(s)
VERSUS
ALL INDIA COUNCIL OF TECHNICAL EDUCATION Respondent(s)
AND ORS.
WITH S.L.P.(C) No.29893/2016
(With appln.(s) for exemption from filing c/c of the impugned
judgment)
Date: 09/11/2016 These petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE DIPAK MISRA
HON'BLE MR. JUSTICE AMITAVA ROY
For Petitioner(s) Mr. M. T. George, AOR
Ms. Resmitha R. Chandran, Adv.
Ms. Kavitha K.T., Adv.
SLP 29893/16 Mr. Guru Krishna Kumar, Sr. Adv.
Mr. Roy Abraham, Adv.
Ms. Reena Roy, Adv.
Ms. Seema Jain, Adv.
Mr. Vikas Garg, Adv.
Mr. Himinder Lal, AOR
For Respondent(s) Mr. Anil Soni, Adv.
Mr. Harish Pandey, AOR
Signature Not Verified
Digitally signed by
CHETAN KUMAR
Date: 2016.11.10
17:59:27 IST
Reason: UPON hearing the counsel the Court made the following
O R D E R
SLP(C) 25021/16 2 S.L.P.(C) No.25021/2016 This Court on 7th October, 2016, had passed the following order:-
“In the course of hearing it is submitted by Mr. Giri, learned senior counsel that the institution has approval in respect of 540 students covering six batches which includes the NRI quota.
Mr. Anil Soni, appearing for AICTE would contend that the NRI quota is different and in any case, exceeded by 5 per cent. The said fact is disputed by Mr. Giri. Mr. Anil Soni shall obtain instructions whether there has been excess quota in respect of NRI or not.
The matter be listed on 25.10.2016.
In the meantime, the students who are prosecuting the studies with the petitioner-institution shall not be disturbed.” Mr. Anil Soni, learned counsel appearing for the AICTE has obtained instructions and according to his instruction, the petitioner-Institution has not admitted any students beyond the NRI quota, but it had not taken the approval at the relevant point of time. According to Mr. Soni it is a procedural mistake on the part of the petitioner-Institution for which penalty has to be levied and requisites fees to be paid. In view of the said submission, it is directed that the quantum of fees and penalty be computed by the AICTE and communicated to the petitioner-Institution, which shall be paid within four weeks from the date of receipt of communication. Needless to say, thereafter, the AICTE shall issue the letter of approval and the students shall be allowed to prosecute their studies as they are continuing in the petitioner-Institution. The present order is passed regard being had to the special features of the case.
SLP(C) 25021/16 3 The special leave petition is, accordingly, disposed of. There shall be no order as to costs.S.L.P.(C) No.29893/2016
Heard Mr. S. Guru Krishna Kumar, learned senior counsel along with Mr. Roy Abraham, learned counsel for the petitioner-Institution and Mr. Anil Soni, learned counsel for the AICTE.
It is submitted by the learned senior counsel for the petitioner that the Institution has admitted students within the quota, but approval was not taken at the appropriate time. According to him, the case is similar to that of S.L.P.(C) No.25021 of 2016. He has also pointed out that the controversy arises from the common order.
Mr. Anil Soni, learned counsel appearing for the AICTE would submit that the case may be disposed of in terms of the order passed in S.L.P.(C) No.25021 of 2016.
Regard being had to the aforesaid submission, the present special leave petition stands disposed of in terms of the order passed in S.L.P.(C) No.25021 of 2016, relating to payment of requisite fees and penalty and the time stipulated in the said order.
The special leave petition is, accordingly, disposed of. There shall be no order as to costs.
(Chetan Kumar) (H.S. Parasher)
Court Master Court Master