SELF FINANCING RURAL ENGINEERING COLLEGE MANAGEMENTS ASSOCIATION Vs. ALL INDIA COUNCIL FOR TECHNICAL EDUCATION NEW DELHI

JUDGEMENT

(1.) There are six writ petitions and four writ appeals. The writ appeals arise out of an order passed by the learned Single Judge in one of the writ petitions being Writ Petition No.3179 of 2005.

(2.) The bone of contention in all these cases is a Memo issued by the State Government being Memo No.10680/EC. 2/2004, dated 14-12-2004. Some of the writ petitioners support the Memo, whereas in some other writ petitions, this Memo has been challenged. Controversy revolves around this Memo. Since all the writ petitions and writ appeals raise same questions of law and fact, they were heard together and are being disposed of together by this common judgment.

(3.) The impugned Memo communicated a decision of the government to its functionaries i.e. Director of Technical Education, Secretary, A.P. State Council of Higher Education and the Registrars of the Universities that it had decided not to consider establishment of new Engineering colleges in the State during the Academic year 2005-06. This Memo has been challenged as unconstitutional, arbitrary and illegal in Writ Petition Nos.7151 and 5662 of 2005. Writ Petition No.3179 of 2005 challenges the letter of intent for establishment of Engineering colleges to respondent Nos.4 to 20 in that writ petition. Writ Petition No.4871 of 2005 has been filed in public interest and it also seeks a direction that the authorities concerned should not permit new Technical institutions to come up and it has challenged the action of respondents permitting respondent Nos.4 to 9 in that writ petition to open the new colleges. Writ Petition No.5756 of 2005 also challenges the letter of intent issued by All India Council for Technical Education (hereinafter referred to as'AICTE') in favour of respondent Nos.4 to 20 in that writ petition with regard to establishment of new colleges. In Writ Petition No.5486 of 2005 also, the letter of intent issued in favour of respondent Nos.4 to 20 for establishment of new colleges has been challenged. When the Writ Petition No.3179 of 2005 came up for admission before the learned Single Judge, he passed an order directing that letters of approval to the respondent Nos.4 to 20 consequent to grant of letters of intent be not issued. This order is challenged in Writ Appeal Nos.425, 426, 427 and 630 of 2005.