CENTRAL INSTITUTE OF TECHNOLOGY Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) IN W.P(C).Nos.7122, 7125 7549 & 7550 of 2011 challenge has been made to the impugned communication/order dated 21.11.2011 (Annexure P-1) whereby the respondent Chhattisgarh Swami Vivekanand Technical University (hereinafter referred to as 'the University') has decided to detain the III Semester Mining and Civil Engineering Students of the Petitioner Institution from taking III Semester examination in the month of December-January 2011-12 with immediate effect. W.P(C) No.7122/2011 has been preferred by the institution whereas the other three writ petitions have been preferred by the students of third semester/fourth semester of Mining and Civil Engineering branch of the institution. Since identical question of facts and law are involved in all these writ petitions, they are being disposed of by this common order.

(2.) IT is common ground that a student taking third semester examination if for any reason has not been able to take up the examination; he is entitled to appear in both the third semester as well as fourth semester examination and the said examination is to commence from 21st of April 2012 as was informed by learned counsel for the University during the course of hearing on 21.3.2012.

(3.) THE petitioner Institution is established and run by a Society in the name of Manav Rachna Education Society. The institution conducts engineering course in several disciplines namely Computer Science and Engineering, Electronics and Electrical Engineering, Electrical and Telecommunication Engineering and Mechanical Engineering for which approval was granted in June 2009 with an intact capacity of 60 students for each of the discipline. By Communication dated 30th June, 2010 while granting affiliation for the above mentioned engineering courses, the Directorate of Technical Education, Chhattisgarh has informed the Principal of the petitioner institution granting permission to open the courses with a condition that for affiliation from the respondent University, an inspection Committee/Team shall inspect the institution in which one of the representative of the Directorate of Technical University shall be mandatorily included. By communication (Annexure P- 4) issued by the All India Council for Technical Education (for brevity "AICTE"), on 23rd August, 2010 the said Apex Regulatory/Statutory Body under Ministry of Human Resources Development, Government of India, granted approval for commencement of Mining and Civil Engineering branch amongst others from academic year 2010-2011. The Directorate of Technical Education, Government of Chhattisgarh (hereinafter referred to as 'Directorate') also issued "No Objection Certificate" on 26.8.2010 for the above mentioned new courses with similar condition that the inspection team shall mandatorily include one representative of the Directorate. It appears that list of teachers appointed by the petitioner institution was sent for approval to the University who duly approved the same on 20.9.2010 (Annexure P-5) with certain conditions for lecturers in the subjects of Engineering and Technical as also Humanities and Science.