OM SAI PUNYA EDUCATIONAL AND SOCIAL WELFARE SOCIETY & ANOTHER Vs. ALL INDIA COUNCIL FOR TECHNICAL EDUCATION AND ANOTHER

JUDGEMENT

(1.) The petitioners have filed this writ petition under Article 32 of the Constitution of India for issuing a writ of mandamus or any other appropriate writ directing respondent No.1 to immediately issue a Letter of Approval permitting petitioner No.1-society to start its college, namely Anant Institute of Business Studies from the academic year 2017-2018. The petitioner No.1-society applied in February, 2017 to respondent No.1-All India Council for Technical Education (for short "AICTE") for its approval to establish Anant Institute of Business Studies (for short "AIBS"). The Scrutiny Committee of AICTE (for short "SC") tendered a report dated 01.03.2017. The petitioners assert that the report did not point out any deficiency and recommended grant of Letter of Approval to the petitioner No.1-society.

(2.) The said proposal was processed by different committees between March 2017 and April 2017, such as Expert Visit Committee (for short "EVC") and the Standing Appellate Committee - Scrutiny Committee (for short "SAC - SC"). As the petitioners entertained some apprehension that there would be delay in processing the application, petitioner No.1- society rushed to the High Court of Madhya Pradesh Bench at Gwalior by way of Writ Petition No. 2793 of 2017.

(3.) The petitioner No.1-society thereafter decided to withdraw the application for grant of approval for its other institute Anant Institute of Management (for short "AIM") vide Application ID No.1-3395565031, as it was not possible for them to get affiliation from the Jiwaji University, Gwalior for the academic year 2017-18. This decision was communicated to AICTE vide letter dated 5th July, 2017.