CHAS BOKARO VIKAS SAMITEE Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioners have moved this Court second time by filing this writ petition seeking appropriate directions to the University concerned, namely, Vinoba Bhave University (hereinafter to be referred to as 'the University' for short) to grant affiliation to the petitioners' college (hereinafter to be referred to as 'the Institute' for short) and to conduct examination of the students already admitted in the Institute after conditional approval was granted by the All India Council for Technical Education (hereinafter to be referred to as 'the AICTE' for short). A further prayer has been made for quashing the order passed by the respondent State through its Sciennce and Technology Department and communicated vide Letter No. 1142 dated 20.6.1995 issued by the Secretary of the said Department, the refusal of the Govt. to grant "No Objection" certificate to the Institute for establishing and running the Institute and for imparting technical education to the people at large.

(2.) PETITIONER No. 1 is a Society registered under the Societies Registration Act. Petitioner No.2 is the Institute namely, Bokaro Institute of Technology established by the petitioner -Society for Imparting education and providing opportunity to the public at large for their higher education. Petitioners' case is that Petitioner no. 1 1 -Chas Bokaro Vikas Samittee in its meeting held on 16.3.1992 decided to establish an Engineering College in the name and style of Bokaro Institute of Technology in Bokaro (hereinafter to be referred to 'B.I.T. Bokaro' 'for short). In order to co -ordinate between the Institute, Management of Bokaro Steel Plant including the authorities of the Steel Authority of India Ltd. (hereinafter to be referred to as 'the SAIL' for short) on the one hand and the University and the Union of India on the other hand constituted a sub -committee. The said Sub -Committee in its meeting held on 24.4.1992 resolved to come out with an advertisement calling for applications for admission in different faculties of engineering in B.I.T. Bokaro. It is stated that on 28.1.1981 an Ordinance viz, Bihar State Engineering and Pharmacy Educational Institutions (Regulation and Control) Ordinance, 1981, was promulgated, which was subsequently enacted in the year 1982. In terms of the aforesaid Act, the Institute submitted application before the respondent -State of Bihar on 30.7.1992 for granting permission for establishing B.I.T. Bokaro. In response to the application dated 30.7.1992, the respondent -State of Bihar from its Science and Technology Department issued a letter dated 5.11.1992 advising the petitioners to submit the application in the prescribed proforma for granting permission to establish B.I.T. Bokaro. Pursuant to the aforesaid letter dt. 5.11.92 the Institute submitted application in the prescribed proforma before the Science and Technology Department, Government of Bihar. However, no order granting permission to establish the Institute was issued by the State of Bihar. It appears that the petitioners' application was forwarded to AICTE, Eastern Regional Committee, Calcutta which in its turn vide letter dated 26th August, 1992, informed the petitioners that AICTE is the statutory Body established by an Act of Parliament and is empowered to grant permission to establish a new Institute and further to accord approval for conducting course in different faculties of engineering and technology. In the year 1987, the All India Council for Technical Education Act, 1987 was enacted and the same was published in the All India Gazette (Extra Ordinary) on 28.3.1988. Under the said Act the Central Government has been vested with the power to establish a Council and to grant affiliation/approval for setting up a new technical institution and for introduction of new courses of degree in consultations with the Agencies. The petitioners' further case is that on 5.10.1992 the Managing Director of Bokaro Steel Plant issued a letter to the Chief Secretary of the Government of Bihar, seeking permission to establish an Institute and giving assurance therein that required assistance shall be provided to the Institute by the Management of Bokaro Steel Plant. Meanwhile, the Secretary of B.I.T. Bokaro submitted a letter dated 12.10.1992 before the Director of Science and Technology, Government of Bihar requesting therein to recommend the case of the petitioners' Institute to the AICTE, New Delhi for granting approval to it. In response to that letter, the State of Bihar informed the petitioner that the State Government has constituted a Committee to inspect the petitioners' Institute. Meanwhile, the AICTE vide its letter dated 24.11.1992 called upon petitioner no. 2 to submit the application in the prescribed proforma for obtaining its approval in the matter of B.I.T. Bokaro. On 18.12.1992 the Expert Committee constituted by the State of Bihar from its Science and Technology Department, inspected the Institute and held discussions with the management of the Bokaro Steel Plant. The said Expert Committee submitted its report to the Government in the month of January, 1993, recommending the case of the petitioners' Institute for grant of approval by the Government. It is further stated that on 1.7.1993 the Management of Bokaro Steel Plant again issued a letter to the Government of Bihar reiterating its commitment to give all possible assistance to B.I.T. Bokaro in the event permission is granted by the State of Bihar and approval is granted by the AICTE. The Respondent -State of Bihar from its Science and Technology Department vide letter dated 8.7.1993 requested the AICTE, Eastern Regional Committee, Calcutta to get BIT Bokaro inspected by an Expert Committee as per the prescribed norms. A copy of that letter is Annexure 10. to this writ petition. It is stated that letter dated 8.7.1993 was issued by the State of Bihar on the basis of the report and recommendation of the Expert Committee duly constituted by the State of Bihar and thereby respondent -State of Bihar recommended the case of the petitioners' Institute for its approval by the AICTE. It is further stated that ignoring the letter dated 8.7.1993, the AICTE vide letter dated 15th July, 1993, informed the petitioners' Institute that the Expert Committee of AICTE will not be set up until the recommendation/viability report from the State Government is received and the consent of the affiliating University is received. A copy of that letter dated 15th July, 1993, has been annexed as Annexure 11 to this writ petition. Accordingly, the respondent -State of Bihar vide letter dated 28.7.1993 called for an opinion and advise from the Bokaro Steel Plant as to what support and assistance shall be extended by it to B.I.T. Bokaro, as the question of granting 'No Objection Certificate' was under the consideration of the State Government. On 7.8.1993, the Principal, B.I.T. Bokaro issued a letter to the Vice Chancellor of the Respondent -University requesting therein to affiliate the Institute even temporarily and to conduct examination of the students already admitted in the Institute without any financial liability. A copy of the said letter dated 7.8.1993 is Annexure 13 to this writ petition. On 5.10.1993, the Government of Bihar from its Science and Technology Department issued a letter to the Managing Director, Bokaro Steel Plant to hand over the resources and the grants which it wants to give to the Institute so that the Institute may treat the same as its own income and property and should better its prospects in obtaining favourable recommendation of the Government. A copy of the letter dated 5.10.1993 is Annexure 14 to the writ petition. The Registrar of the University vide its letter dated 22.11.1993 informed the AICTE that the University has no objection if BIT, Bokaro, is granted approval. A copy of the said letter dt. 22.11.1993 is Annexure 15 to this writ petition. On the basis of the applications received pursuant to the advertisement, altogether 323 students were admitted in different faculties of engineering in B.I.T. Bokaro in 1992 and at present the strength of the students is 226. The petitioners' case is that as the students already admitted in the Institute completed their first year course, the Principal of the Institute requested the State of Bihar to recommend and direct the respondent -University to conduct examination of the Institute for 1992 -93 session, but no action was taken by the State of Bihar. Meanwhile, on 5.2.1994 the Expert Committee of AICTE, Eastern Regional Committee, Calcutta, inspected the Institute and submitted its report to the AICTE, Eastern Regional Committee, Calcutta. The petitioners learnt that the Expert Committee has possibly recommended the case of the petitioners' Institute for according approval by the AICTE. New Delhi. The report submitted by the Expert Committee was placed before the AICTE, which considered the same and vide its letter dated 31.3.1994 accorded conditional approval to BIT Bokaro for conducting the degree courses with annual intakes as shown therein. A copy of the letter dt. 31.3.1994 is Annexure 16 to this writ petition. One of the conditions imposed by the AICTE was that the Institute will not take fresh admission till the approval of the Government of Bihar and a formal consent of the Bokaro Steel Plant was received by the Institute to provide the facilities mentioned in the report. However, the AICTE allowed and approved the students already admitted in the Institute in 1992 -93 session to appear in the first year examination to be held in June, 1994 and it was specified that these students would be treated as students for 1993. -94 session. The petitioners having received the letter dated 31.3.1994 from the AICTE approached the respondent State of Bihar and requested it to allocate/nominate the students from amongst the students who had appeared in the combined engineering entrance examination for taking admission in 1994. -95 session. However, the Government did not allocate/nominate the students. Consequently not a single candidate could be admitted in the Institute in the year 1994 -95. The Principal of the B.I.T. Bokaro after receiving approval from the AICTE vide letter dated 12.9.1994 requested the Vice Chancellor of the University to conduct periodical examination of the students of the 1st year engineering. However, neither the Institute was granted affiliation by the University, nor examination was conducted. It is stated that after granting conditional approval the Expert Committee again visited the Institute to inspect the same and it recommended for grant of permanent approval to the Institute. However, the said Committee insisted for obtaining no objection certificate from the State of Bihar. The above decision was communicated by letter dated 14.9.1994, a copy of which is Annexure 18 to this writ petition. The petitioner having received the said letter requested the Chief Minister of Bihar on 19.11.1994 to direct the concerned authorities to issue no objection certificate in the matter of establishment of BIT. Bokaro. It is stated that because of the wrong advice the petitioners approached this Court by filing CWJC 3350 of 1994(R) praying for issuance of appropriate direction to the State Government to issue no objection certificate. On 20.2.1995 the aforesaid writ petition was disposed of with a direction to the Secretary and Director of Science and Technology Department, Govt. of Bihar to take final decision in the matter of issue of 'No Objection Certificate' (Annexure 19). The said order was duly communicated to the respondents -Secretary and the Director aforementioned, but no action was taken within the time fixed by this Court. Consequently a contempt petition was filed, being MJC. 182 of 1995(R). However, the Respondent -State Authorities directed the petitioners to withdraw the contempt petition, then only their case shall be considered by the State of Bihar. On that assurance the petitioners withdrew the contempt petition, which was accordingly dismissed. The petitioners' case is that the condition imposed by the AICTE while according approval to the Institute is uncalled for; inasmuch as "no objection" from the State of Bihar is not necessary. It is stated that 'No Objection Certificate' from the State Govt. is not essential and the AICTE can grant approval to the Institute without imposing any conditions much less the condition of obtaining 'No Objection Certificate' from the State Government. It is further stated that the action of the State in not granting 'No Objection Certificate' and also the action of ¢ the University in not granting affiliation are illegal and violative of law laid down by the Supreme Court.

(3.) A counter affidavit has been filed on behalf of respondent no. 1. -AICTE stating, inter alia, that conditional approval was accorded to the Institute vide Council's letter dated 31.3.1994. It is further stated that the Expert Committee of the All India Council for Technical Education visited the Institute to verify the compliance of the conditions as stipulated in the Council's approval letter dated 31.3.1994. The Committee then recommended for extension of approval for the session 1995 -96. However, no recommendation for permanent approval was made as yet. It has further been stated that the Committee recommended that no new admissions may be made unless and until State Government's no objection is obtained. Lastly it is stated that the respondent -AICTE issued guidelines for admission in professional colleges and it is imperative that the State Government issues no objection certificate for establishment of the professional colleges. The Council is fully jusitified in imposing the condition for obtaining no objection from the concerned State Government in the interest of the planned and coordinated development of technical education in the country.