SAHU TRUST Vs. ALL INDIA COUNCIL FOR TECHNICAL

JUDGEMENT

(1.) THE petitioner was accorded approval for starting a new technical institution, namely, The Institute of Technology Bhubaneswar, by the All India Council for Technical Education (for short, 'AICTE') by an order dated 21st of October, 1998. The AICTE passed an order dated 14th of December, 2001 withdrawing the approval accorded to the petitioner with immediate effect. A copy of the said order dated 14.12.2001 has been annexed to the writ petition as Annexure 3 and is quoted herein below :

(2.) MR . Pitambar Acharya, learned counsel for the petitioner, submitted that the power to withdraw approval accorded to a professional college or a technical institution is vested in the AICTE under Regulation 13 of the All India Council for Technical Education (norms and guidelines for fees and guidelines for admissions in professional colleges) Regulations, 1994 as well as Regulation 12 of the All India Council for Technical Education (Grant of approval for starting new technical institutions, introduction of courses of programmes and approval of intake capacity of seats for the courses or programmes) Regulations, 1994. The said Regulations13 and 12 of the aforesaid two Regulations respectively are quoted hereunder : Regulation 13

(3.) WITHOUT going into the controversy between the parties in this case as to whether or not the petitioner had actually decided to approach the AICTE for withdrawal of the approval accorded to the establishment of the college/institution, we find that under the aforesaid Regulations 13 and 12, approval could only be withdrawn if the professional college/institution contravened any of the provisions of the Regulations and that too after making such inquiry as may be considered appropriate and after giving the professional college/technical institution an opportunity of being heard. Hence, only if the professional college/institution contravenes any provision of the Regulations, proceedings for withdrawal of approval granted to the professional college/technical institution could be initiated under the said Regulations 13 and 12. In our considered opinion, therefore, even if the petitioner is found to have requested the AICTE to withdraw the approval accorded to the establishment of the college/institution, the AICTE could not withdraw the approval granted to the establishment of the college/institution of the petitioner unless it came to a definite conclusion that there was contravention of any of the provisions of the Regulations as indicated in the aforesaid Regulations 13 and 12 of the two Regulations.