Case Note & Summary
The petitioners, Hyderabad (Sind) National Collegiate Board and Dr. L.H.Hiranandani College of Pharmacy, filed a writ petition before the Bombay High Court seeking directions to the State of Maharashtra and the Director of Technical Education to include their college in the centralized admission process for M.Pharmacy courses for the academic year 2011-2012. The petitioners had applied to the All India Council for Technical Education (AICTE) for approval to start M.Pharmacy courses with 18 students each in Pharmacology and Quality Assurance before the extended deadline of 15 April 2011. AICTE granted approval on 14 July 2011. However, the Director of Technical Education refused to accept their request to include the college in the list of institutions approved by AICTE for the centralized admission process. The petitioners sought a writ of mandamus directing the respondents to issue appropriate government resolutions approving the college for the academic year 2011-2012, publish the same in the Government Gazette, include the college in the centralized admission procedure, and display the college's name on the website. The court noted that the facts were similar to those in Writ Petition No. 5455 of 2011. The court held that once AICTE grants approval, the State cannot refuse to include the college in the centralized admission process. The court directed the respondents to issue a government resolution approving the college for the academic year 2011-2012, publish it in the Government Gazette, include the college in the centralized admission procedure, and display the college's name on the website. The petition was disposed of accordingly.
Headnote
A) Education Law - Technical Education - AICTE Approval - Centralized Admission Process - Petitioners applied for AICTE approval before extended deadline of 15 April 2011 for M.Pharmacy courses in Pharmacology and Quality Assurance - AICTE granted approval on 14 July 2011 - Director of Technical Education refused to include college in centralized admission process for academic year 2011-2012 - Court held that once AICTE grants approval, the State cannot refuse to include the college in the centralized admission process - Directed respondents to issue government resolution and include college in centralized admission process (Paras 1-5).
Issue of Consideration
Whether the Director of Technical Education can refuse to include a college in the centralized admission process for M.Pharmacy courses after AICTE has granted approval, on the ground that the approval was granted after the extended deadline for applications.
Final Decision
The court allowed the petition and directed respondent nos. 1 and 2 to issue appropriate government resolution approving the petitioners' college for the academic year 2011-2012, publish the same in the Government Gazette, include the college in the centralized admission procedure for M.Pharmacy courses with 18 students each in Pharmacology and Quality Assurance, and display the college's name on the website.
Law Points
- AICTE approval is sufficient for inclusion in centralized admission process
- State cannot refuse based on timing of approval
- Director of Technical Education must act on AICTE approval
