Rajasthan High Court - Jaipur
State Of Rajasthan vs All India Council For Technical ... on 15 July, 2019
Author: Ashok Kumar Gaur
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 10634/2019
State Of Rajasthan, Through Director, Technical Education,
Residency Road, Jodhpur.
----Petitioner
Versus
All India Council For Technical Education (Aicte), Nelson Mandela
Road, Vasant Kunj, New Delhi - 110067 Through Its Chairman.
----Respondent
For Petitioner(s) : Ms.Srijana Shresth for Mr.CL Saini For Respondent(s) : Mr.Vinod Kumar Gupta Mr.Shashi Bhushan Gupta HON'BLE MR. JUSTICE ASHOK KUMAR GAUR Order 15/07/2019 This writ petition has been filed by the petitioner - State for seeking a direction against the respondent - All India Council for Technical Education (for short "AICTE") for issuance of letter of approval to give admission to twenty students in each branch of Mechanical & Electrical for the academic session 2019-20 in the newly established technical institution, i.e., Government Polytechnic College at Kelwara, Village Pahari, Tehsil Shahbad, District Baran.
The petitioner - State has also challenged the order dated 30th April, 2019 whereby the respondent - AICTE has refused to give approval to the institution on account of non-fulfillment of certain requisite conditions for settling-up the polytechnic college.
On 8th July, 2019, this Court had directed the respondent - AICTE to send the matter to the Expert Vigilance Committee (EVC) (Downloaded on 30/08/2019 at 11:07:52 PM) (2 of 3) [CW-10634/2019] to carry out the inspection within a period of seven days and report thereof was to be submitted.
Learned counsel, appearing for the respondent, submitted that the approval process has been undertaken by the AICTE and report of the Expert Visiting Committee has also been received.
Learned counsel submitted that the inspection report has found that the institution, which is proposed to be set-up by the petitioner - State, meets with the requirement of infrastructure, faculty and other requirements like computer system, etc. Learned counsel for the respondent submitted that as far as the AICTE is concerned, it has approved the institution to be set- up by the State. The report of the Expert Visiting Committee has been filed by way of an affidavit and the same has been placed in the office file.
This Court has gone through the report of the Expert Visiting Committee and the order issued by the AICTE wherein it has decided to approve the establishment off new institution at Kelwara, Village Pahari, Tehsil Shahbad, District Baran.
Learned counsel for the petitioner - State submitted that though online counselling/admission procedure for admissions in Engineering Diploma Course is come to an end on 13 th July, 2019, however, the Joint Director, Technical Education, Government of Rajasthan, Jodhpur had issued an order on 15th July, 2019 wherein it has been directed that after approval of AICTE, the institution would be permitted to make admission. The letter dated 15 th July, 2019 is also placed in the office file.
In view of the aforesaid, the present writ petition is disposed of by observing that the petitioner - State has already permitted to AICTE for establishing the polytechnic college to impart training (Downloaded on 30/08/2019 at 11:07:52 PM) (3 of 3) [CW-10634/2019] to twenty students in Mechanical and Polytechnic branches. The State Government has already issued order for permitting newly established institutions to give admission. It is expected from the Authorities to do the needful exercise as per the orders issued by the AICTE as well as by the State Government.
Learned counsel Mr.Vinod Gupta submitted that after report of the Expert Visiting Committee, the Regional Committee shall consider the said report and it will send its recommendation to the Executive Committee of the AICTE, Headquarters and they will issue the formal order after considering the report, which has been prepared by the Expert Visiting Committee and further, recommendation of the Regional Committee. It is expected that looking to the urgency in the matter, the AICTE will take immediate action. The Authorities are required to take such decision within a period of ten days from the date of receipt of copy of this order.
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