Bombay High Court Allows Petition of Educational Institution Seeking Inclusion in Centralized Admission Process Despite Late AICTE Approval. State and Director of Technical Education Directed to Include College in Centralized Admission for Automobile Engineering Course for Academic Year 2011-2012.

High Court: Bombay High Court Bench: NAGPUR In Favour of Accused
  • 9
Judgement Image
Font size:
Print

Case Note & Summary

The petitioner, Dattakala Shikshan Sanstha's Dattakala Group of Institution, Faculty of Engineering, filed a writ petition before the Bombay High Court seeking directions to the State of Maharashtra and the Director of Technical Education (DTE) to include their college in the centralized admission process for the academic year 2011-2012. The petitioner had applied to the All India Council for Technical Education (AICTE) for approval to start an Automobile Engineering course before the extended deadline of 15 April 2011. AICTE granted approval on 14 July 2011. However, the DTE refused to include the college in the list of institutions approved by AICTE for centralized admission. The petitioner also had an affiliation application pending with the University of Pune. The court, relying on the similarity of facts with another writ petition (WP No.5455 of 2011), directed the respondents to include the petitioner's college in the centralized admission process and issue necessary government resolutions. The court also directed the University of Pune to process the affiliation application expeditiously. The petition was disposed of with these directions.

Headnote

A) Education Law - Technical Education - AICTE Approval - Centralized Admission - The petitioner college applied for AICTE approval for Automobile Engineering course before the extended deadline of 15 April 2011. AICTE granted approval on 14 July 2011, but the Director of Technical Education refused to include the college in the centralized admission process for the academic year 2011-2012. The court held that once AICTE grants approval, the State and DTE must include the college in the centralized admission process and issue necessary government resolutions. (Paras 1-4)

Subscribe to unlock Headnote Subscribe Now

Issue of Consideration

Whether the Director of Technical Education can refuse to include a college in the centralized admission process after AICTE has granted approval for the course.

Subscribe to unlock Issue of Consideration Subscribe Now

Final Decision

The petition is allowed. Respondents are directed to include the petitioner's college in the centralized admission process for B.E. Automobile Engineering course for academic year 2011-2012 and issue necessary government resolutions. University of Pune to process affiliation application expeditiously.

Law Points

  • AICTE approval is a prerequisite for inclusion in centralized admission process
  • State cannot refuse to include college once AICTE approval is granted
  • Director of Technical Education must act on AICTE approval promptly
Subscribe to unlock Law Points Subscribe Now

Case Details

2011 LawText (BOM) (07) 149

Writ Petition No.5601 of 2011

2011-07-25

Mohit S. Shah, C.J., Girish Godbole, J

Mr. V.M.Thorat for petitioner, Mr. Rui Rodrigues for Respondent nos. 1 and 2, Mr. V.D.Patil A.G.P. for Respondent nos. 3 and 4

Dattakala Shikshan Sanstha's Dattakala Group of Institution, Faculty of Engineering

All India Council of Technical Education, Regional Officer AICTE, State of Maharashtra, Director of Technical Education, University of Pune

Subscribe to unlock Case Details (Citation, Judge, Date & more) Subscribe Now

Nature of Litigation

Writ petition seeking direction to include college in centralized admission process

Remedy Sought

Direction to State and DTE to include petitioner's college in centralized admission process for B.E. Automobile Engineering course for academic year 2011-2012

Filing Reason

DTE refused to include college in centralized admission despite AICTE approval

Previous Decisions

Similar facts in Writ Petition No.5455 of 2011

Issues

Whether DTE can refuse to include college in centralized admission after AICTE approval

Submissions/Arguments

Petitioner applied for AICTE approval before extended deadline of 15 April 2011 AICTE granted approval on 14 July 2011 DTE refused to include college in centralized admission process

Ratio Decidendi

Once AICTE grants approval for a course, the State and DTE are bound to include the college in the centralized admission process and cannot refuse on the ground of delay.

Judgment Excerpts

The learned counsel for the petitioners states that the facts giving rise to this petition are similar to the facts in writ petition NO.5455 of 2011. The learned counsel further states that the petitioners have been granted approval by AICTE on 14/7/2011 but the Director of Technical Education has not accepted their request to include their college in the list of institutions approved by AICTE for the purpose of Centralized Admission process for the academic year 2011-2012

Procedural History

Writ petition filed in Bombay High Court; rule issued returnable forthwith; heard with consent of parties.

Acts & Sections

  • All India Council for Technical Education Act, 1987:
Subscribe to unlock full Legal Analysis Subscribe Now
Related Judgement
High Court Bombay High Court Allows Petition of Educational Institution Seeking Inclusion in Centralized Admission Process Despite Late AICTE Approval. State and Director of Technical Education Directed to Include College in Centralized Admission for Automobile...
Related Judgement
High Court Bombay High Court Acquits Accused in Murder Case Due to Lack of Direct Evidence and Unreliable Circumstantial Evidence. Conviction under Section 302 IPC for Murder of Wife Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.