UNIVERSITY OF DELHI Vs. KARAN AHUJA

JUDGEMENT

(1.) . These two Letters Patent Appeals are filed against common Judgment and order dated 5-11-2001 passed by learned Single Judge in CWP Nos 5307/2001 and 4656/2001 allowing the said writ petitions

(2.) . The appellants herein are University of Delhi and one of its faculties, namely, Faculty of Technology (hereinafter referred to as 'University of Delhi) Official respondents are All India Council of Technical Education (AICTE), Government of NCT of Delhi and also Delhi College of Engineering and Netaji Subhash Institute of Technology (hereinafter to be referred as Colleges') Both these Colleges are run by Government of NCT of Delhi Other respondents who are private respondents are the students who were the petitioners in writ petitions These Colleges are affiliated to Delhi University As the Colleges are imparting technical education, such courses are governed by the provisions of All India Council of Technical Education Act, 1987 as well (hereinafter to be referred as Technical Education Act') Delhi University is a statutory body incorporated under University of Delhi Act The two colleges being affiliated to Delhi University are also governed by Delhi University Act, Statutes & Ordinances

(3.) . These colleges intended to start new course, namely, B. E. (Information Technology) for the academic year 2001-2002 They also wanted to increase/variation in the approved intake capacity of some other courses already in existence with effect from the same academic year For introduction of such new course and/or variation in the approved intake capacity of another course, approval of AICTE is required under the Technical Education Act. This approval has been granted by AICTE However, Delhi University has expressed its reservations for starting of the new course and increase intake capacity of another course w.e.f. academic year 2001-2002 for various reasons Since Delhi University did not grant permission and refused the same vide communication dated 2862001, the private respondents i. e. the students filed aforesaid two writ petitions. These writ petitions, as mentioned above, stand allowed by the impugned Judgment whereby communication dated 28 6 2001 of Delhi University is quashed and Delhi University as well as other official respondents were directed to start the counselling for admission to these courses immediately Aggrieved by the aforesaid direction in the impugned Judgment, present appeals are filed by the Delhi University