Indian Kanoon - Search engine for Indian Law

21, the petitioner college submitted application for approval to start undergraduate courses in B.Tech Agricultural Engineering and B.Tech Artificial Engineering and Machine Learning with an intake of 30 seats each. As per Ext.P3 e-mail dated 06.03.2020, the University informed the Colleges that applications if any for commencement of new courses/additional batches shall be submitted in the prescribed format on or before 10.03.2020 and the petitioner submitted its application in the format on the same day, before the University. The AICTE, as per Ext.P2 order dated 9.6.2020 granted extension of approval for the Undergraduate courses in (1) Civil Engineering and (2) Mechanical Engineering with an intake of 60 each, (3) Electrical and Electronics Engineering, (4) Electronics and Communication Engineering with an intake of 30 each and (5) Computer Science and Engineering with an intake of 60. Along with that, approval was granted for new courses in (6) Agricultural Engineering and (7) Computer Science and Engineering (Artificial Intelligence Engineering and Machine Learning) with an intake of 30 each. Even though the petitioner had submitted application for affiliation and also for NOC from the University as well as the State Government as per Exts.P4 and P5 letters on 9.3.2020 and 10.03.2020, the University or Government did not respond. It was stated that the petitioner could not remit the processing fee and inspection fee of Rs.1 lakh with the University for the new courses, since the web portal was not open after 22.05.2020. Whileso, the University circulated Ext.P6 letter dated.10.6.2020 to the Principals of the Colleges informing that the syndicate has taken a decision fixing the following norms for grant of affiliation: 1) at least one of the existing programmes should be NBA accredited. In case of PG programmes, the concerned UG Programmes should have NBA accreditation, 2) the average annual intake in the institution for the previous 3 years should be more than 50% of the sanctioned intake, 3) the proposed programme should have AICTE approval and NOC from the Government and 4) the proposed programme should have industry demand/employment potential. The petitioner is challenging the conditions fixed for granting affiliation alleging that it is arbitrary. It is also stated that though the petitioner institution does not have NBA accreditation, it is having accreditation from National Assessment and Accreditation Council (NAAC) which is an equivalent accreditation granted by the autonomous institution of the UGC. According to the petitioner, as per the Approval Process Handbook issued by the AICTE, NBA accreditation or NOC are not necessary for sanctioning additional courses; when the intake capacity in other branches of study is reduced, additional courses can be granted without NBA accreditation; when AICTE has granted approval for the 2 additional courses with intake of 30 each, the University has no authority to deny affiliation, fixing such norms; University cannot insist the very same condition when AICTE granted approval; deficiency, if any, is to be looked into by the AICTE; NOC cannot be insisted in the light of Ext.P8 judgment of the Division Bench in W.A.No.1487 of 2019, which was affirmed in Ext.P9 judgment of the Apex Court. The petitioner alleged that the denial of affiliation is illegal and beyond the authority of the University. The petitioner also alleged that the syndicate has no authority to fix any norms in the matter of affiliation; as per Section 63(2) of the University Act, the procedure for affiliation is to be prescribed in the Statutes; State Government has not framed any Statute so far, as provided in Section 43 of the Act 2015. The petitioner challenges the decision in Ext.P6 on that ground also. It is also stated that the fundamental right of the petitioner under Article 19(1)(g) to establish an educational institution is curtailed unlawfully and the restriction does not come within the purview of reasonable restriction under Article 19(6).

3.1. The petitioner has been running a Women's college since the year 2010-

11. The initial intake of 300 was reduced to 226 in 5 courses, as a penalty. It is stated that approval for conversion of the College as a co-education institution was received in 2019-20; as there are only 85 students in the College after conversion, the petitioner submitted application for approval for starting emerging courses of B.Tech in Artificial Intelligence as well as in Block Chain. Approval was granted as per Ext.P2 on 09.06.2020 along with Extension of Approval for the ongoing courses in Civil Engineering with an intake of 30, (in the place of 21 in 2019-20), Electronics and Communication Engineering with an intake of 21, Computer Science and Engineering with an intake of 30 (in the place of 21 in 2019-20), Mechanical Engineering with an intake of 21 and Naval Architecture and Ship Building Engineering with an intake of 42. Approval has been granted to Artificial Intelligence and Machine Learning and Block chain with an intake of 30 each. Even though Ext.P4 application was submitted for affiliation for which inspection fee was already remitted on 18.05.2020, University did not take any positive steps. Petitioner challenges the order dated 10.06.2020 issued by the University fixing the norms for affiliation. According to the petitioner, when the AICTE has granted approval, a further evaluation by a sub-committee and imposing of further restriction for affiliation is beyond authority. It is also urged that University is arbitrarily enabling some institutions in granting affiliation with political motives and the criteria like 50% of the students actual intake and pass percentage in some existing subjects are adopted with such motives. According to the petitioner, University can only look into the infrastructure, faculties and other facilities for the proper conduct of the courses.

4. WP(C) No.12345 of 2020:

As per Ext.P2 order dated 09.06.2020, AICTE granted extension of approval to the petitioner College for the Undergraduate courses in Civil Engineering, Electronics and Communication Engineering, Computer Science and Engineering and Mechanical Engineering with an intake of 30 each, Aeronautical Engineering with an intake of 60 and approval for 2 new undergraduate courses in Robotics and Automation and Artificial Intelligence with an intake of 60 each. Petitioner challenges the order dated 10.06.2020 of the University. According to the petitioner, NBA accreditation is not necessary for the new courses. Ext.P2 would show that there was no reduction in intake from that of last year.

17.2. Contents of counter affidavit and reply affidavit are more or less similar.

The petitioner-MET S School of Engineering College started in 2001. It has been offering Undergraduate courses in Biotechnology, Computer Science and Engineering, Mechanical Engineering and Civil Engineering. As per Ext.P1 dated 15.06.2020, it got extension of approval from AICTE for the undergraduate courses in Biotechnology with intake 30(instead of 60last year); Mechanical Engineering and Computer Science and Engineering with an intake of 30 each (as against 90 each last year); Civil Engineering with an intake of 30(as against 60 last Year); and approval for new undergraduate courses in Artificial Intelligence and Data Science and Robotics and Automation with an intake of 30 each. Ext.P1 would also show that in closure application in respect of Undergraduate courses in Electrical and Electronics Engineering and Electronics and Communication Engineering approval has been granted and also that approval has been granted for vocational courses in undergraduate courses of refrigeration and Air Conditioning, Welding and Fabrication, Webdesign and Mobile application and Artificial Intelligence and Robotics are also granted for the year 2020-21. Petitioner is denied affiliation for the New courses in B.Tech and M.Tech and challenges the order dated 22.06.2019 of the Government and orders dated 17.01.2020 and 10.06.2020 of the University.