NOORUL ISLAM TRUST Vs. THE CHAIRMAN,

JUDGEMENT

(1.) All these writ petitions raise common issues and therefore they are being disposed of by a common judgment.

(2.) These writ petitions have been filed seeking to quash the communications issued by the All India Council for Technical Education (AICTE) declining approval for establishment of new technical institutions, as sought for by the petitioners. In all cases, except in W.P.(C) No. 26008/2010, a common interim order was passed by this Court on 16.8.2010 while admitting the writ petitions, to grant provisional approval to the petitioners' institutions. As far as W.P.(C) No. 26008/2010 is concerned, when the said writ petition came up for admission learned Counsel for the respondents submitted that in W.A. No. 1432/2010 filed against the interim orders, the Division Bench has withdrawn similar cases to be heard by the Division Bench and accordingly it was ordered to be posted before the Division Bench.

(3.) All the writ petitions were thus heard along with W.A. Nos. 1432/2010, 1439/2010 and 1435/2010. The impugned orders in each one of the writ petitions were set aside. The Council was directed to communicate to each of the writ petitioners the precise grounds on which the approval in each one of these cases is declined, within a reasonable period of time. It was also directed that upon such communication, it shall be open to each of the applicants to take such measures as they deem appropriate and communicate to the Council seeking a further inspection in order to enable the Council to record its satisfaction of the compliance of all the norms laid down by the Council in the case of each of the applicants. The Council thereafter shall grant necessary approval in all those cases which are found eligible. These writ petitions were posted back for considering the consequential relief of direction compelling the Council to grant necessary approval, in the light of the contention raised by the learned Counsel appearing in the cases that in their cases a further inspection or a further assessment as indicated in para 11 of the order is uncalled for, as the applicants complied with all the stipulations necessary for obtaining the approval from the Council. Accordingly, they have been reposted for hearing.