SAJAL GUPTA Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) These two Letters Patent Appeals are directed against the judgment and order dated 14-3-97 passed by the learned Single Judge whereby Writ Petition Nos. 64,27,72 and 59 of 1997 have been dismissed.

(2.) A few facts necessary for disposal of the appeals are that the appellants in LPA No. 187/97 are the private institutes approved by the All India Council for Technical Education and affiliated with the JandK State Board of Technical Education for imparting Technical Education in various Technical courses for a duration of 2 years and 3 years and have at their roll about 3000 students. The managements of these institutions till the year 1993 were making admissions to the courses available in the institutes for imparting technical education. In the year 1993 on 4-2-1993, the Hon'ble Supreme Court in case titled J. P. Uni Krishanan v. State of A. P. (AIR 1993 SC 2178) laid down a scheme for imparting education by the professional colleges in Medical and Engineering Courses and the State Governments were required to regulate the admissions of the private institutes through Competent Authority or prescribed authority. The judgment of the Supreme Court was not complied with and implemented till 1995 by the authorities of the State for selecting the candidates for under-going training in professional courses in these institutes according to the scheme laid down and directed by the Supreme Court.

(3.) Kashmir Institute of Technology and Engineering, Raj Bagh, Srinagar, appellant-writ petitioner in W.P. No. 27/1997, for the first time in the year 1996, addressed a letter to the Director, Technical Education, JandK Government inviting attention that no policy regarding the admission has been made by the Govt., therefore, his institution is going to make admissions at his own for the courses available in the Institute as other Institutions have already made the admissions. The Secretary, State Board of Techinical Education, on 3-8-95 issued a Circular for information as directive to the institutions which was published in the Daily Kashmir Times on 4-8-1995, which reads as :-