BHARATIYA GRAMIN PUNARRACHAN SANSTHA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Considering the nature of controversy, both petitions are heard finally by making Rule returnable forthwith with consent. The Petitioner is a registered public trust and society running Hi-Tech Institute of Technology and Hi-Tech Polytechnic.

(2.) Writ Petition No. 4400 of 2011 has been filed on 21.06.2011 seeking extension of approval to Engineering and Polytechnic Colleges run by the petitioners for the Academic Year 2011-12. The petition has been amended as per orders dated 06.07.2011 to challenge the order passed by recording withdrawal of approval, if any, with further direction to mention intake capacity of the petitioner institution as 60 in each Branch and Division for the year 2011-12. The petitioner thereafter filed Writ Petition No. 5181 of 2012 on 26.06.2012 challenging communication dated 18.06.2012 withdrawing approval to the Courses conducted by the petitioner. This Court has not passed any interim orders in latter petition, however, in earlier writ petition on 28.06.2011, the petitioner was directed to appear before the Appellate Authority on 29.06.2011 at 11.00 AM and the Appellate Authority was directed to grant them an opportunity of hearing and pass appropriate orders by 30.06.2011. Because of these orders and hearing granted, amendment was thereafter permitted on 06.07.2011. On 15.07.2011, the Court passed interim orders holding students entitled from Central Admission Process for the Academic Year 2011-12 to the extent of intake capacity already sanctioned by All India Council for Technical Education (AICTE).

(3.) The withdrawal of approval is on account of alleged fraud or misrepresentation by the petitioners about the land held by it initially in the year 2000-01 and thereafter in 2004-05. The respondent AICTE, by relying upon its regulations, submits that the Engineering College required minimum 25 Acre of land and Polytechnic College required minimum 5 Acre of land. Thus, total holding with the petitioners ought to have been 30 Acre, however, it was never more than 4.78 Acre. The approval has been withdrawn in the year 2011-12 for the first time on this ground.