PRINCIPAL, AMAL JYOTHI COLLEGE OF ENGINEERING Vs. DR. A.P.J. ABDUL KALAM TECHNOLOGICAL UNIVERSITY AND OTHERS

JUDGEMENT

(1.) These writ appeals arise from the common judgment dated 02.07.2018 in W.P.(C).Nos.16675, 17295 and 18478 of 2018. The common issue that was raised in the writ petitions filed by the petitioners therein, who are the appellants before us, was whether the approval granted by the All India Council for Technical Education (AICTE) for additional course/increase in intake in a Post Graduate or Under Graduate programme/course in Engineering and Technology would result in automatic affiliation for such additional course/increase in intake by the affiliating University, namely, the APJ Abdul Kalam Technological University. The learned Single Judge, after consideration of the factual situation in each of the writ petitions, found in favour of the petitioners on the issue of whether the State Government could take a policy decision not to grant permission to open new Engineering Colleges for additional courses or additional intake for the academic year 2018-2019 in any self financing institutions in the State. It was found that once the AICTE granted approval, then the said approval would attain supremacy vis-a-vis the policy of the State Government as well as the affiliating University. The stand of the respondent University that any request for affiliation for increase in intake/additional courses based on the approval granted by AICTE cannot be considered for the current academic year on account of the policy decision taken by the State Government, was held unsustainable. When it came to the factual particulars in each of the writ petitions, the learned single Judge found that, although the petitioners could apply for affiliation, based on the AICTE approval that was obtained by them in respect of the new courses, the submission of application for affiliation, as also the obtaining of the approval from the AICTE, had to be within the time schedule prescribed by the Supreme Court in Parsvanath Charitable Trust v. All India Council for Technical Education [(2013) 3 SCC 385] . It was found that the petitioners had not adhered to the time schedule prescribed in the said judgment with regard to submission of the details regarding AICTE approval in respect of the course, and intimation with regard to the proposals for starting additional courses/additional intake, and hence, the petitioners could not aspire for an affiliation for the academic year 2018-2019. It is aggrieved by the said findings in the judgment of the learned Single Judge that the appellants are before us in these writ appeals. Since there is a difference in the factual particulars in the three writ appeals we take up the same separately for the purposes of disposal.

(2.) W.A.No.1381 of 2018: The appellant herein is the Principal of Amal Jyothi College of Engineering, Kanjirappally, Kottayam district. It is seen from the documents produced along with the writ petition, as also from the chronological list of dates of events submitted before us by the learned counsel for the appellant, that the last date for receipt of application for affiliation with the respondent University was 08.03.2018, which was subsequently extended to 22.03.2018. It is not in dispute that the appellant preferred an application before the respondent University on 13.03.2018. The application in question contained a reference to, not only the existing courses for which the appellant had obtained an AICTE approval in the previous year, but also to two additional courses, namely, B.Tech in Food Engineering and Technology and M.Tech Environmental Engineering. We note that the AICTE approval in respect of all the courses conducted by the appellant, including the two new courses, was obtained on 10.04.2018, in adherence to the time schedule prescribed in the Parsvanath's case (supra). The appellant, however, intimated the fact of grant of approval by the AICTE, in respect of all the courses, including the two new additional courses, to the University only by its communication dated 24.05.2018. This communication having been made after the cut-off date for grant of affiliation prescribed in the Parsvanath's case (supra) ie. 15.05.2018, will operate against the appellant in its quest for an affiliation for the two new courses, so as to have an intake of students to the new courses in the academic year 2018-2019. We note that the decision in Parsvanath's case (supra) makes it abundantly clear that the schedule for grant/refusal of approval and admission as laid down by the Supreme Court has to be strictly adhered to all authorities concerned including the AICTE, University, State Government and any other authority directly or indirectly connected with the grant of approval and admission. Although the learned counsel for the appellant would refer to the decisions of this court in Irinjalakuda Diocesan Educational Trust v. All India Council for Technical Education and Others (judgment dated 11.06.2015 in W.P(C).No.13969 of 2015) and Fr. Thomas Melvetteth v. All India Council for Technical Education and Others (Judgment dated 15.07.2016 in W.P. (C).No.21351 of 2016 and connected case), where this court had held that the cut off date fixed by the judgment of the Supreme Court in Parsvanath's case (Supra) does not preclude this Court from issuing directions in exercise of the jurisdiction under Article 226 of the Constitution of India, we are not inclined to follow the said reasoning on the facts of the instant case, since, admittedly the appellant did not comply with the requirement of furnishing the necessary information for processing of the application for affiliation before 15.05.2018, which was the last date for grant of affiliation by the University. We therefore see no reason to interfere with the judgment of the learned single judge in the said writ petition. Responding to the apprehension of the learned counsel for the appellant that, if the application for affiliation in respect of the new courses is not considered by the respondent University this year, the two new courses would not be displayed in the web portal of the University when an application is made in the next year by the appellant, we record the submission of the learned Standing counsel for the respondent University, based on the statement filed by him in the writ petition, that inasmuch as the appellant has obtained the AICTE approval in respect of the two new courses by the order dated 10.04.2018 of the AICTE, by virtue of the provisions of Clause 4.29 of the AICTE Regulations, 2016 governing the grant of approval in technical institutions, and taking note of the approval already granted by the AICTE for the additional new courses, the said new courses would also automatically be displayed on the web portal of the respondent University, in relation to any application submitted by the appellant college for affiliation for the next year. The writ appeal is otherwise dismissed.

(3.) W.A.No.1417 of 2018: The appellant herein is the Carmel College of Engineering and Technology, Punnapra, Alappuzha district, that is similarly placed as the appellant in W.A.No.1381 of 2018. We note from the facts stated in the writ appeal that, although the AICTE approval in respect of the two additional courses that was proposed by the appellant was obtained on 10.04.2018, the intimation with regard to the receipt of approval of the AICTE in respect of the two new courses, as also the proposal of the appellant to seek affiliation in respect of these two courses, was made known to the University only on 25.05.2016 (Ext.P3). This intimation being well after the cut-off date of 15.05.2018 that was fixed by the Supreme Court in Parsvanath's case (supra), we are of the view that there is no scope for an interference with the directions of the learned Single Judge in the judgment impugned in the writ appeal. Responding to the apprehension of the learned counsel for the appellant that if the application for affiliation in respect of the new courses is not considered by the respondent University this year, the two new courses would not be mentioned in the web portal of the University when an application is made in the next year by the appellant, we record the submission of the learned Standing counsel for the respondent University, based on the statement filed by him in the writ petition, that inasmuch as the appellant has obtained the AICTE approval in respect of the two new courses by the order dated 10.04.2018 of the AICTE, by virtue of the provisions of Clause 4.29 of the AICTE Regulations, 2016 governing the grant of approval in technical institutions, and taking note of the approval already granted by the AICTE for the additional new courses, the said new courses would also automatically be displayed on the web portal of the respondent University, in relation to any application submitted by the appellant college for affiliation for the next year. The writ appeal is otherwise dismissed.