Bombay High Court Allows Petition of Education Trust for Inclusion in Centralized Admission Process Despite Late AICTE Approval. AICTE approval granted on 14/7/2011 for academic year 2011-2012 must be acted upon by State authorities for centralized admissions.

High Court: Bombay High Court Bench: NAGPUR In Favour of Prosecution
  • 92
Judgement Image
Font size:
Print

Case Note & Summary

The petitioners, P.R.Pote (Patil) Education & Welfare Trust and its group of institutions, filed a writ petition before the Bombay High Court seeking directions to the Director of Technical Education and the State of Maharashtra to include their college in the centralized admission process for the academic year 2011-2012. The petitioners had applied to the All India Council for Technical Education (AICTE) for approval to start a Master in Computer Science course with 60 seats and to increase intake in Mechanical Engineering from 60 to 120 seats. AICTE granted approval on 14 July 2011. However, the Director of Technical Education did not accept the request to include the college in the list of approved institutions for centralized admissions. The petitioners argued that the facts were similar to those in Writ Petition No. 5455 of 2011. The court, after hearing the parties, noted that the petitioners had also applied for affiliation to the concerned university. The court directed the Director of Technical Education to include the petitioners' college in the centralized admission process for the academic year 2011-2012 and to issue appropriate government resolutions and publish the same in the Government Gazette. The court also directed that the name of the petitioners be displayed on the website. The petition was disposed of accordingly.

Headnote

A) Education Law - Technical Education - Centralized Admission Process - AICTE Approval - The petitioners sought directions to include their college in the centralized admission process after AICTE granted approval on 14/7/2011 for the academic year 2011-2012. The Director of Technical Education had not accepted the request. The court held that once AICTE grants approval, the State authorities must include the college in the centralized admission process and issue necessary government resolutions. (Paras 1-5)

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 academic year.

Subscribe to unlock Issue of Consideration Subscribe Now

Final Decision

The court directed the Director of Technical Education to include the petitioners' college in the centralized admission process for the academic year 2011-2012, issue appropriate government resolutions, publish in Government Gazette, and display the name on the website. The petition was disposed of.

Law Points

  • AICTE approval is sufficient for inclusion in centralized admission process
  • Director of Technical Education cannot refuse based on timing of approval
Subscribe to unlock Law Points Subscribe Now

Case Details

2011 LawText (BOM) (07) 153

Writ Petition No. 5690 of 2011

2011-07-25

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

L.M. Acharya i/b Ranvir Shekhawat for petitioners, V.D. Patil (AGP) for respondent nos. 1 and 2, Rui Rodrigues for AICTE respondent no.3

P.R.Pote (Patil) Education & Welfare Trust and Another

Director of Technical Education, State of Maharashtra, All India Council for Technical Education, Sant Gadge Baba Amravati University

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

Nature of Litigation

Writ petition seeking directions to include college in centralized admission process after AICTE approval.

Remedy Sought

Petitioners sought directions to the State and Director of Technical Education to issue government resolutions approving the college for academic year 2011-2012, include it in centralized admission procedure, and display name on website.

Filing Reason

Director of Technical Education did not accept the request to include the petitioners' college in the list of institutions approved by AICTE for centralized admission process.

Previous Decisions

Similar facts as in Writ Petition No. 5455 of 2011.

Issues

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

Submissions/Arguments

Petitioners argued that AICTE granted approval on 14/7/2011 but Director of Technical Education did not accept their request for inclusion in centralized admission process. Respondents did not oppose the petition.

Ratio Decidendi

Once AICTE grants approval for a course or increase in intake for an academic year, the State authorities must include the institution in the centralized admission process and cannot refuse based on timing of approval.

Judgment Excerpts

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 the Director of Technical Education shall include the petitioners college in the Centralized Admission process for the academic year 2011-2012

Procedural History

The petitioners filed Writ Petition No. 5690 of 2011 before the Bombay High Court. The court issued rule and heard the matter with consent of parties. The petition was disposed of on 25 July 2011.

Acts & Sections

  • All India Council for Technical Education Act, 1987:
Subscribe to unlock full Legal Analysis Subscribe Now
Related Judgement
High Court Gujarat High Court Quashes FIR Against Accused in Prohibition and Forgery Case Due to Lack of Evidence and No Specific Role. Mere disclosure of name from co-accused's statement without independent material is insufficient to sustain charges under Sec...
Related Judgement
High Court Bombay High Court Allows Petition of Education Trust for Inclusion in Centralized Admission Process Despite Late AICTE Approval. AICTE approval granted on 14/7/2011 for academic year 2011-2012 must be acted upon by State authorities for centralized a...