MAHABIR EDUCATIONAL WELFARE SOCIETY, AMBALA CITY Vs. ALL INDIA COUNCIL OF TECHNICAL EDUCATION, NEW DELHI AND OTHERS

JUDGEMENT

(1.) All India Council of Technical Education (AICTE) issued advertisement inviting applications for setting up Engineering Colleges. The petitioner submitted his application to AICTE as well as the State Government and the respondent-University alongwith requisite documents on 31.12.2007. On 25.03.2008, the petitioner issued Letter of Intent by the respondent/AICTE. This was stated to be valid for three years till 25.03.2011. On 02.03.2011, AICTE issued public notice to the effect that where the Letter of Approval was issued prior to 10.12.2010 and had not been rejected, the cases of such institutions will be considered for approval under the Regulations prevalent prior to 10.12.2010. The institution was required to upload the information pertaining to the respective colleges on the website of the AICTE for processing. The petitioner thereafter also received letter advising the petitioner to upload the information. The petitioner-institution complied with the same.

(2.) The petitioner had applied for 300 seats and, accordingly, requested AICTE for inspection of the College on 21.11.2011. However, no action was taken by AICTE. The petitioner was compelled to approach this Court by way of CWP No. 14429 of 2011 seeking writ of mandamus commanding AICTE to inspect the College and for issuing similar direction to respondent/Kurukshetra University for grant affiliation to the College. The petitioner had prayed for direction to State Admission Committee to allocate students for Session 2011-12. This writ petition was disposed of on 21.11.2011 noticing that the academic session 2011-12 was already over. The directions, however, were issued for the AICTE to conduct the inspection upon submission of documents by the petitioner. The AICTE was also directed to take appropriate decision well in advance before the next academic session 2012-13.

(3.) Thereafter, the petitioner-institution submitted request to AICTE on 14.12.2011. The petitioner deposited a sum of Rs. 40,000/- as required by AICTE on 30.12.2011. On 26.01.2012, the petitioner received E-mail informing the proposed inspection date of the College as 28.01.2012. On this date, the marriage of son of the Principal of petitioner's college was fixed. The petitioner requested that the inspection be deferred till 15.02.2012. AICTE, however, chose to inspect the College on 28.01.2012 itself. On the said date, no one was present in the college on behalf of Management. On 28.02.2012, inspection team gave an exparte report.