Calcutta High Court (Appellete Side)
Management & Anr vs The State Of West Bengal & Ors on 8 October, 2024
Author: Amrita Sinha
Bench: Amrita Sinha
SL 08
08.10.2024
pradip
In The High Court At Calcutta
Constitutional Writ Jurisdiction
Appellate Side
W.P.A 25445 of 2024
Calcutta Institute of Engineering &
Management & Anr.
-versus
The State of West Bengal & Ors.
Mr. Subir Sanyal,
Mr. Lokenath Chatterjee,
Mr. Joydeb Ghorai,
Mr. Kaustabh Banerjee,
Mr. Diptesh Ghorai.
...For the Petitioners.
Ms. Nandini Mitra.
...For MAKAUT.
Mr. Debu Chowdhury. (VC)
...For the AICTE.
1. The petitioner no. 1 is a registered Society and the
petitioner no. 2 is its Secretary. The petitioner no. 1
has averred in the writ petition that it runs an
institute and students are admitted in various courses
which are approved by the All India Council of
Technical Education (for short 'AICTE'). The institute is
affiliated with the Maulana Abul Kalam Azad
University of Technology (for short 'MAKAUT').
2. The petitioner applied for approval of three new
courses; one technical and two non-technical. The
AICTE has granted approval and MAKAUT has given
affiliation to the new two non-technical courses but
the technical course which the petitioner applied for,
namely, Artificial Intelligence & Machine Learning,
though approved by AICTE, is yet to be affiliated by
MAKAUT.
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3. According to the petitioner, AICTE intimated that
no 'no objection certificate' will be required for starting
the new course. Accordingly, the petitioner did not
obtain no objection certificate from MAKAUT.
4. Learned counsel representing MAKAUT submits
that no objection certificate is mandatorily required to
be submitted in respect of all technical courses.
5. Learned advocate representing the petitioner
submits that the admission process of the technical
course cannot start because MAKAUT is not granting
affiliation and the petitioner is not in a position to
collect admission fee from the students.
6. Learned advocate representing MAKAUT submits
that the last date for admission is over. The University
has gone for vacation and will reopen only on 21st
October, 2024.
7. The University is not aware as to how and why
AICTE informed the petitioner that 'no objection
certificate' will not be required for starting the new
course. A probe has been called for by MAKAUT
requesting AICTE as to how approval was given to
start a new technical course in the absence of a no
objection certificate.
8. Learned advocate representing AICTE has
submitted that the Council intends to clarify their
stand by way of an affidavit. As the Council has
already granted approval to the technical course,
accordingly, the Council does not stand in the way if
the Institute proceeds with the process of admission to
the technical course.
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9. MAKAUT also intends to file an affidavit in support
of its defense.
10. As it appears that the petitioner has already
started the process of admission in respect of the other
courses and regarding Artificial Intelligence and
Machine Learning approval has already been given by
AICTE, accordingly, as an interim measure, the
petitioner is permitted to proceed with the admission
process in the course of Artificial Intelligence and
Machine Learning subject to the result of the instant
writ petition.
11. The respondents are directed to file affidavit-in-
opposition within a period of three weeks after the reopening of the Court after the ensuing Puja Vacation. Reply, if any, be filed within a fortnight thereafter.
12. Liberty to mention the matter for inclusion in the list for hearing after completion of affidavits and upon notice to the other side.
13. Any steps taken in the matter during the pendency of the writ petition shall abide by the result of the same. Grant of admission will not create any equity or right in favour of the students who will be admitted in the subject course, i.e., Artificial Intelligence & Machine Learning.
14. After the reopening of MAKAUT on 21st October, 2024, the University shall update its portal and reflect the name of the institute therein for the Course Artificial Intelligence and Machine Learning.
415. The parties are directed to act on the basis of the server copy of this order duly downloaded from the official website of this Court.
(Amrita Sinha, J.)