Bombay High Court
Kolhapur Dist. Chemist Association ... vs All India Council For Technical ... on 20 June, 2019
Equivalent citations: AIRONLINE 2019 BOM 638
Author: G. S. Patel
Bench: S. C. Dharmadhikari, G. S. Patel
912-WPST.15058.2019.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION (ST) NO. 15058 OF 2019
Kolhapur District Chemist }
Association and Anr. } Petitioners
versus
All India Council for Technical }
Education and Ors. } Respondents
Mr.Mihir Desai-Senior Advocate with
Mr.Prashant Bhavke for the petitioners.
Mr.Abhijeet A. Joshi for respondent nos. 1
and 2.
Ms.Ashwini a. Purav-AGP for respondent
nos. 3 and 4 (State).
CORAM :- S. C. DHARMADHIKARI &
G. S. PATEL, JJ.
DATED :- JUNE 20, 2019 P.C. :-
1. We have heard both sides and perused the writ petition and annexures thereto so also the additional affidavit filed by the petitioners. We have also taken on record the compilation of documents tendered today. From a perusal of all this, we are of the prima facie view that petitioner no. 2 institute could not have been placed in no-admission category by the All India Council for Technical Education (AICTE).
2. Hence, Rule. Respondents waive service.
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3. The petitioner association has established the institute. It is an association of chemists. It is this association which is imparting education in the diploma course. The intake capacity is 60 students for the first year as well as 60 students for the second year. The petitioners rely upon the extension of approval dated 4th April, 2018 granted earlier and they had stated that well in advance, they had approached the AICTE, but were informed that there are 31-50% deficiencies. The petitioners have been put under no-admission category. The nature of the deficiencies is outlined and what we have noticed is that prima facie, the academic faculty is available. The documents have been accepted with regard to library facilities, administrative facilities and other areas. However, the AICTE's Standing Appellate Committee says that the institute could not comply with the deficiencies noted by the Scrutiny Committee in its meeting held on 16 th November, 2018. That is why it recommends that the institute be placed in no-admission category. However, the petitioners point out that they are having ready infrastructure as per the norms of the AICTE. The institute is functioning from last 37 years. The petitioners also gave an affidavit-cum-undertaking. In this affidavit, it is pointed out that the petitioners are running a Diploma in Pharmacy. The institution is charging only 6,000/- per annum. The endeavor is that the District Chemist Association Page 2 of 4 J.V.SALUNKE,PS ::: Uploaded on - 25/06/2019 ::: Downloaded on - 14/07/2019 10:41:27 ::: 912-WPST.15058.2019.doc produces pharmacists of repute. Measures are taken to fulfill other deficiencies and some of the alleged building deficiencies are not existing and the infrastructure is already available as per the norms. A seminar hall would be also constructed.
4. There is, an additional affidavit placed on record pointing out a circular issued by the AICTE. It is stated that the Hon'ble Supreme Court is also seized of the same issue where the AICTE granted one year additional time to verify the norms to the institutions before the Hon'ble Supreme Court. Now that the documents are placed before us, we feel that the petitioner do have the infrastructure, the finances and other resources available to make good the deficiencies, if any. They deserve an opportunity in that regard.
5. While we are aware of the request made by Mr.Joshi for granting an adjournment to obtain full instructions, we think that the urgency demands that the no-admission category status should be suspended. There is a prima facie case made out and the balance of convenience is also in favour of the petitioners, who have been running and managing this institute and the Diploma in Pharmacy course for a considerable period of time. It is an institution with 37 years' existence. It will suffer irreparable loss and injury and the investments will be wasted in the event no admissions are made.
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6. In these circumstances, there would be an interim order in terms of prayer clause (c).
(G.S.PATEL, J.) (S.C.DHARMADHIKARI, J.) Page 4 of 4 J.V.SALUNKE,PS ::: Uploaded on - 25/06/2019 ::: Downloaded on - 14/07/2019 10:41:27 :::