Madras High Court
… vs All India Council For Technical ... on 23 August, 2024
Author: M.Dhandapani
Bench: M.Dhandapani
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 23.08.2024
CORAM
THE HONOURABLE MR. JUSTICE M.DHANDAPANI
W.P.No.22063 of 2024
Cherran College of Technology,
Rep. By its Authorised Signatory,
Mr.K.Anand,
Chetan Nagar, Thittuparai,
Kangeyam, Tiruppur,
Tamil Nadu.
… Petitioner
Vs.
All India Council for Technical Education,
Nelson Mandela Marg, Vasan Kunj,
New Delhi-110 070. … Respondents
Prayer: Writ petition filed under Article 226 of the Constitution of India,
praying for the issuance of Writ of Mandamus, directing the respondent
herein to grant approval for the two courses, namely B.E., in Computer
Science and Engineering (Artificial Interlligence and Machine Learning)
and B.Tech in Artificial Intelligence and Data Science sought to be
introduced by the petitioner institute from the Academic Year 2024-25 vide
application No.I-43658725835 that is pending on the file of the respondent.
https://www.mhc.tn.gov.in/judis
1
For Petitioner : Mr.Masilamani, Sr.C.
For M/s.Aniruth A Sriram
For Respondents : Mr.Rabu Manohar SCGSC
ORDER
This Writ Petition has been filed seeking a direction to the respondent herein to grant approval for the two courses, namely B.E., in Computer Science and Engineering (Artificial Intelligence and Machine Learning) and B.Tech in Artificial Intelligence and Data Science sought to be introduced by the petitioner institute from the Academic Year 2024-25 vide application No.I-43658725835 that is pending on the file of the respondent.
2. The case of the petitioner is that for the present academic year 2024- 2025 the petitioner has submitted application on 30.01.2024 with the respondent sought for extension of approval for the existing four courses and in addition to the same, sought for introduction of two new courses B.E. Computer Science and Engineering and B.Tech Artificial Intelligence and Date Science. The said online scrutiny committee meeting took place on 23.03.2024.In the report that was generated pursuant to the said scrutiny meeting, under the heading document verification, it was remarked that the two new courses sought to be introduced were not recommended on the https://www.mhc.tn.gov.in/judis 2 ground that the document produced as NOC by the petitioner institute was not an NOC according to the respondent. Subsequent to the aforesaid online scrutiny committee meeting, the petitioner had received an Email communication from the respondent on 30.03.2024 wherein the petitioner was intimated that the online re-scrutiny committee meeting would take place on 01.04.2024. Subsequently, the remark pointed out by the committee was complied with and compliance report has also forwarded on 26.06.2024 to the respondent. Even thereafter, the respondent has not passed any order. Hence, the petitioner has filed the present writ petition.
3. The learned counsel for the petitioner submitted that initially, the Hon'ble Apex Court in SLP No.26086/2012 dated 13.12.2012 categorically held that the AICTE have no jurisdiction or authority to issue approval for commencement of a new courses or for additional intake of students beyond 30th April of the year immediately preceding the commencement of an academic year. Though the petitioner has made an application in January- 2024 itself, however, till date the respondent has not passed any order.
The learned Senior Counsel further submitted that this year, the admission of the students has extended upto 30.06.2024 and prior to that, the https://www.mhc.tn.gov.in/judis 3 petitioner filed compliance report. Even then, the respondent has not taken any steps. Hence, this Court may direct the respondent to grant approval for the two courses as mentioned above.
Per contra, the learned counsel for the respondent submitted that in view of the order passed by the Hon'ble Apex Court, beyond 30th April, the AICTE have no power to grant affiliation to add a new course. Hence, the learned counsel prays to dismiss the writ petition.
5. Heard the learned counsel for the petitioner and the learned counsel for the respondent and perused the materials available on record.
6. The facts of the case are not in dispute. Admittedly the petitioner has made an application for approval of two new courses viz., B.E., in Computer Science and Engineering (Artificial Intelligence and Machine Learning) and B.Tech in Artificial Intelligence and Data Science for the Academic year 2024-2025. However, to grant approval, the last date fixed by the Hon'ble Apex Court is 30th April of the every academic year. It is also an admitted fact that prior to the cut off date, the petitioner made an application for granting approve of the new courses. However, the respondent has not https://www.mhc.tn.gov.in/judis 4 processed the petitioner's application even after the remarks were sort out by the petitioner. Thereafter, the petitioner has filed the present writ petition only after expiring of the cut off date which was fixed by the Hon'ble Apex Court i.e. 30.06.2024. After that, this Court cannot exercise its jurisdiction under Article 226 of Constitution of India. Hence, the prayer sought for by the petitioner cannot be granted and the same is liable to be dismissed.
7. Accordingly, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. However, the petitioner is at liberty to work out their remedy in the manner known to law.
23.08.2024 rli Note: Issue order copy on 23.08.2024 M.DHANDAPANI,J.
Rli To All India Council for Technical Education, Nelson Mandela Marg, Vasan Kunj, New Delhi-110 070.
https://www.mhc.tn.gov.in/judis 5 W.P.No.22063 of 2024 23.08.2024 https://www.mhc.tn.gov.in/judis 6