KHETRI VIKAS SAMITI Vs. UNIVERSITY OF RAJASTHAN

JUDGEMENT

(1.) The petitioner Khetri Vikas Samiti a registered society, had set up a Pharmacy College known as Sanjeevani College of Pharmaceutical Sciences. Khetri (hereinafter called as the College) for conducting Bachelor of Pharmacy and Diploma of Pharmacy Courses. The petitioner is aggrieved against the order Annexure-13 whereby the University of Rajasthan, respondent No. 1 had issued a letter dated 20-11-1998 extending/ awarding provisional affiliation in favour of number of institutions (about nine) for the sessions mentioned against each of such institutions but not taking any decision so far the institution of the petitioner college is concerned. A prayer has been made that because of the reason that the action of the respondent No. 2. in withholding the extension of the affiliation of the petitioner college by the impugned order Annexure-13 be declared illegal, invalid and unconstitutional, who had held the Entrance Test for admission of the students in various institutions/colleges. A further direction is sought to take an appropriate decision regarding extension of affiliation of the aforesaid college in the light of the affiliation/recognition having been granted by the All India Council for Technical Education (for short AICTE) vide orders dated 22-5-1997 and 11-8-1998 and the respondents be directed to consider and finalise the allotment of the seats to the students by including the petitioner college in the list for allocation of seats.

(2.) Under the All India Council for Technical Education Act, 1987 (hereinafter called as the Act) the Council has been established under Section 3 by the Central Government with its Head Office at Delhi. The Constitution of the Council has been provided under Section 3(4) of the Act which also includes Pharmacy Council of India as one of its constituents. The Act has been promulgated with a view to the proper planning and co-ordinated development of the technical education system throughout the country, the promotion of qualitative improvements of such education in relation to planned quantitative growth and the regulation and proper maintenance of norms and standards in the technical education system and for matters connected therewith.

(3.) Powers and functions of the Council has been provided under Section 10 which includes to