COLLEGE OF ENGINEERING AND MANAGEMENT, KOLAGHAT AND ORS. Vs. ALL INDIA COUNCIL FOR TECHNICAL EDUCATION AND ORS.

JUDGEMENT

(1.) This writ application has been preferred by the College of Engineering and Management, Kolaghat (hereinafter referred to as the said college) and it's Director challenging, inter alia, the memorandum dated 23rd July, 2015 issued by the Director, All India Council for Technical Education (hereinafter referred to as AICTE).

(2.) Records reveal that this Court passed an interim order on 11th August, 2015 restraining the respondents from giving any effect or further effect to the order of punishment of 25% reduction in intake in all the courses of the said college for the academic year 2015 -16, till the end of September, 2015 or until further order whichever is earlier and in the said order it was also observed that the admission of the students pertaining to the extent of 25% in intake of all the courses in the said college for the academic session 2015 -16 shall abide by the result of the writ application and the parties were directed to exchange their affidavits and pursuant thereto affidavits -in -opposition have filed on behalf of AICTE and the respondent No. 4 and the petitioners have filed an affidavit -in -reply to the opposition filed on behalf of AICTE. The matter was taken up for final hearing on 27th November, 2015 when Mr. Gangopadhyay, learned advocate appearing for AICTE produced a copy of an enquiry report dated 22nd October, 2014 filed by the Enquiry Committee constituted by the said college. The said report was, however, not annexed to the writ application or to the affidavit -in -reply filed by the petitioners. The said report was directed to be kept on record and a copy of the same was handed over to the learned advocate appearing for the petitioners and on his prayer an adjournment was granted to enable him to avail necessary instruction.

(3.) Mr. Bhattacharyya, learned senior counsel appearing for the petitioners submits that the said college is affiliated with the Maulana Abul Kalam Azad University of Technology (hereinafter referred to the said University) and it was granted approval by AICTE way back in the year 1998. Since such inception, there has been no allegation of ragging against the students of the said college till an incident, which occasioned on 5th September, 2014. On the said date, there was an infighting among two groups of students in the said college and a chaotic situation occasioned. Thereafter, a further incident occurred on 18th of September, 2014 and the said incidents were duly reported to the Officer -in -Charge of Kolaghat Police Station. Subsequent thereto, on the basis of an anonymous complaint, the Evaluation Committee of AICTE conducted an inspection and a report was submitted to the Student Complaint Committee through the Regional Sub -Committee of AICTE and thereafter a show cause notice was issued to which the petitioners replied and the final order was communicated to the petitioners by the memorandum impugned.