GDR EDUCATION SOCIETY Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) SINCE common question of fact and law are involved in these writ petitions, we have heard them together and they are being disposed of this common judgment.

(2.) EXCEPT the petitioner in W.P.(C) No. 4357/2011, the other petitioners are running various Engineering Colleges in the State of Chhattisgarh. These petitioners applied to All India Council for technical Education (AICTE) for getting approval for increase in their intake capacity, approval for introducing new branches, continuation of new branches in second shift, running of new shift, running of new shift and opening of new branches in different disciplines. The AICTE granted the approval to the respective petitioners for opening of new branches, running of additional shift and increase in their intake capacity as per their applications under The all India Council for Technical Education Act, 1987 (AICTE, Act). After grant of respective approval/recognition as required under AICTE Act, the petitioners wanted to admit the students in Session 2011-2012 in their colleges, but when the notice for counseling was published by the Government, they found that their colleges were not permitted to participate in counseling for the new programmes, increased intake and new shifts etc. for which approvals were granted to them by AICTE. It is at this stage, the writ petitions were filed and it was prayed that a mandamus or suitable direction be issued to the respondents to include the various colleges of the petitioners in the counseling for admitting the students in their institutions as per their approval and recognition granted by the AICTE.

(3.) TWO other petitioners have also challenged the validity of communication dated 14.3.2011 (Annexure-P/1 in W.P.(C) No. 4357/2011).