LAWS(ALL)-2012-7-115

APEEJAY INSTITUTE OF TECHNOLOGY SCHOOL OF ARCHITECTURE Vs. GAUTAM BUDH TECHNICAL UNIVERSITY INSTITUTE OF ENGINEERING

Decided On July 30, 2012
APEEJAY INSTITUTE OF TECHNOLOGY SCHOOL OF ARCHITECTURE Appellant
V/S
GAUTAM BUDH TECHNICAL UNIVERSITY INSTITUTE OF ENGINEERING Respondents

JUDGEMENT

(1.) This petition prays for a mandamus directing the Gautambudh Technical University-Respondent No. 1 herein to include the name of the petitioner-institution amongst its affiliated institutions for admission of students desirous to pursue the courses in Architecture at the undergraduate level in accordance with the intake capacity approved and sanctioned by the All India Council for Technical Education for the year 2012-13. The said sanction of the intake capacity for the year in question dated 10th May, 2012 is Annexure-1-B to the writ petition. This claim of the petitioner-institution is based on the fact that the said intake capacity has been enhanced for the year 2012-13 to 60 seats from the previous years of sanction of 30 seats. The sanction of the year 2010-11 and 2011-10 have also been brought on record as Annexures 1 and 1-A respectively. The petitioner also claims to have been running the courses even prior to that since 1999 and the admissions have been conducted through an entrance examination held by the respondent Technical University.

(2.) It is stated in the petition that the Council of Architecture which is an autonomous body of the Government of India constituted under the Architects Act, 1972 issued a show cause notice on 15th April, 2009 intimating the petitioner that the institute as against 20 sanctioned seats, had admitted 30 students which is against the sanctioned total intake capacity in the programmes of Bachelor in Architecture. The notice accordingly called upon the petitioner to show cause as to why action should not be taken for having violated the norms and further as to why future admissions in the said programmes be not kept pending till the directives are complied with. The petitioner submitted a reply whereupon the Council of Architecture informed the petitioner-institution of the decision taken by its Executive Committee of the Council. In the said communication a further rider was put-forth directing the petitioner-institute not to admit any student in the Bachelor of Architecture Programmes referred to therein and the three year extension of approval granted earlier vide letter dated 9th June, 2007 stood withdrawn. The penultimate paragraphs of the said letter are quoted hereinbelow:-

(3.) A resolution was also passed on 31st July, 2009 not to register the candidates passing out from the petitioner-institute.