HEMANT GAUR Vs. UNION OF INDIA

JUDGEMENT

(1.) The case relates to admission to the Bridge Course conducted by Respondent No.4. namely, YMCA Institute of Engineering (hereinafter to be called as 'YMCA Institute' for short), after being approved by Respondent No.2 i.e. All India Council for Technical Education (hereinafter to be called as 'AICTE' for short). Two sets of students are staking their claims for admission to this course: one group consists of those students who passed the Post Diploma Course/Advance Diploma Course in the years 1995-96 and 1996-97 (hereinafter to be called as 'first category' for short) and the other group represents those students who passed their Post Graduate Diploma Course in the academic years prior to 1995-96 (hereinafter to be referred to as 'second category'). The chequered history of these cases is stated in substantial details by the learned Single Judge in the impugned judgment dated 30.10.2001 and, therefore, it would not be necessary to repeat the same. However, the facts essential for disposal of the present appeal are necessarily to be stated. It would be prudent to refer to these facts first so that the controversy is appreciated in its proper perspective.

(2.) Till the year 1995-96 YlvICA Institute was offering Post Diploma Course in Engineering in various disciplines such as Electrical, Computer, Mechanical etc. After the promulgation of All India Technical Education Act, the recognition by AICTE under this enactment for continuing or starting in such a course became imperative. In the year 1995-96 AICTE accorded approval to YMCA Institute for this course which was renamed as Advance Diploma Course in place of Post Diploma Course known earlier subject to the conditions that:

(3.) In the year 1997-98 the Government of Haryana upgraded the course to B.Tech Programme. Students studying Advance Diploma Course made representation for approving of a Bridge Course for those students who had successfully completed Advance Diploma Course to enable them to have a degree. As AICTE did not accede to their representation, CWP.No.7364/99 was filed In this Court. It was allowed by judgment dated 20.9.2000 issuing a Writ of Mandamus directing AICTE to accord approval for having the Bridge Course for students who had studied and were studying Advance Diploma Course in the YMCA Institute. This was Writ Petition filed by 102 students of YMCA Institute who had passed out Advance Diploma Course after being admitted to the course in the year 1996-97 i.e. those belonging to first category.