LAWS(PAT)-2013-5-63

MADAN MURARI Vs. ALL INDIA COUNCIL

Decided On May 14, 2013
Madan Murari Appellant
V/S
ALL INDIA COUNCIL Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner. Despite service of notice in both the cases on the respondent no. 1 and even after filing of the counter affidavit by respondent no. 1, no one has appeared to assist this Court on behalf of the respondent no. 1 i.e. All India Council of Technical Education (AICTE).

(2.) Learned counsel for the petitioner, having referred to the materials on record, has submitted that the rejection by the AICTE for grant of recognition to the institute, in question, namely A.N.S. College, Barh (Patna) for starting the course of Master of Business Administration (MBA) and Master of Computer Application (MCA) is factually incorrect and legally unsustainable. In this regard, he has taken this Court to the all important report of the Inspection Visiting Committee (EVC) and from them, he has sought to canvass that when the EVC did not find any deficiency in the infrastructure and other amenities to be provided for starting the course of MBA and MCA, the ultimate decision of rejecting such claim of the petitioner as notified in the order dated 25.6.2012 cannot be sustained.

(3.) From the counter affidavit, it would however appear that the respondents have raised some sort of question mark on the EVC report, inasmuch as, it has been stated therein that:--