K K C COLLEGE OF ENGINEERING AND TECHNOLOGY Vs. ALL INDIA COUNCIL FOR TECHNICAL EDUCATION; ANNA UNIVERSITY OF TECHNOLOGY; SOUTHERN REGIONAL OFFICER, AICTE

JUDGEMENT

(1.) The petitioner has come up with the present Writ Petition for a Mandamus, directing the respondents 1 and 3 to consider the application of the petitioner, dated 29.05.2014 and grant extension of approval to the petitioner Institution for the academic year 2014-15 and consequently, to direct the second respondent to grant extension of affiliation for the academic year 2014-15.

(2.) The petitioner Institution, viz., "K.K.C. College of Engineering and Technology", is a running Institution from 2010-11. Originally, the petitioner Institution had obtained approval from the first respondent/All India Council for Technical Education (for short, "AICTE") on 02.08.2010. Subsequently, the petitioner Institution obtained affiliation from the second respondent/Anna University of Technology. Thereafter, the petitioner obtained renewal of approval from the first respondent AICTE for the succeeding years, viz., 2011-12 and 2012-13 and obtained affiliation from the second respondent University. While so, by relying on a report of the District Collector, the first respondent AICTE, by order dated 30.04.2013, had withdrawn the approval accorded to the petitioner Institution from the academic year 2013-14. Hence, the petitioner Institution filed a Writ Petition in W.P.No.14533 of 2013, challenging the order of the AICTE dated 30.04.2013. Pending the said Writ Petition, in the judgment , Association of Management of Private Colleges vs. All India Council for Technical Education and others, 2013 8 SCC 271 the Hon'ble Supreme Court has held that Institutions affiliated to Universities will also come within the purview of exclusion of the definition of 'Technical Institution' as defined in Section 2(h) of the AICTE Act, 1987 and therefore, the approval from AICTE is not necessary for considering grant of affiliation by the University. Based on the said decision, this Court disposed of the pending Writ Petition in W.P.No.14533 of 2013 on 27.06.2013 directing the second respondent University to consider the application of the petitioner for affiliation and dispose of the same on merits and in accordance with law. The second respondent University had granted provisional affiliation to the petitioner Institution for the academic year 2013-14 on 31.05.2013 and therefore, the petitioner admitted students during 2013-14. For the academic year 2014-15, the petitioner Institution again approached the second respondent University for extension of affiliation. In the meantime, in SLP (Civil) No.7277 of 2014 (Orissa Technical Colleges Association vs. AICTE & Another), the Hon'ble Supreme Court has issued an interim order on 17.04.2014, holding that the AICTE shall proceed in accordance with the Approval Process Handbook for the academic year 2014-15 insofar as the members of the petitioner Association therein and all colleges and institutions situated similarly to the members of the petitioner Association therein. In the light of the said judgment, the petitioner Institution submitted the application in online web portal for renewal of approval on 28.05.2014. The petitioner also took a hard copy of the said application and submitted the same to the first respondent AICTE on 29.05.2014. But, the first respondent AICTE has not issued any orders granting extension of approval to the petitioner Institution for the academic year 2014-15 till date. Hence, the petitioner has filed this Writ Petition.

(3.) Mr.R.Muthukumarasamy, learned senior counsel appearing for the petitioner would submit that the second respondent University has started conducting its single window counselling for admission into Engineering courses from 10.06.2014 itself, however, the second respondent University has refused to include the petitioner Institution in the counselling as approval has not been issued by the first respondent AICTE. He would further add that only based on the decision of the Hon'ble Supreme Court in Association of Management of Private Colleges vs. All India Council for Technical Education and others, 2013 8 SCC 271 the petitioner had obtained affiliation from the second respondent University for the academic year 2013-14 and admitted students. He would further add that the petitioner had again approached the second respondent University for granting extension of affiliation for the academic year 2014-15 and the second respondent University had also conducted inspection and found only minor deficiencies, for which, the petitioner has already submitted a compliance report. He would further add that in the mean time, in SLP (Civil) No.7277 of 2014 (Orissa Technical Colleges Association vs. AICTE & Another), the Hon'ble Supreme Court has issued an interim order on 17.04.2014, thereby, restoring the power back to the AICTE for grant of approval to technical institutions and based on which, the petitioner had immediately submitted its application both in online web portal as well as hard copy, however, inspite of no deficiencies existed in the petitioner Institution, the first respondent AICTE has not passed any orders granting approval. He would further point out that if orders are not passed granting extension of approval, the petitioner Institution will not be able to participate in the single window admission counselling, which has started to commence by the second respondent University from 10.06.2014 and will be put to irreparable damage. He would further contend that the first respondent AICTE has to be directed to consider the application of the petitioner Institution dated 29.05.2014 in tune with the judgement of the Hon'ble Supreme Court cited supra. He would further bring to the notice of this Court that in an identical circumstances, in respect of four other colleges, even though, the approval was not granted for 2013-14, for the academic year 2014-15 extension of affiliation has been granted without any inspection based on the online application. He would also rely on the order of the Hon'ble Supreme Court in W.P.(Civil) No.453 of 2014, dated 28.05.2014, wherein, the application of the petitioner was directed to be considered in accordance with the norms that are applicable to an existing institution.