Case Note & Summary
The petitioners, Parshvanath Charitable Trust and others, filed a writ petition under Article 226 of the Constitution challenging an order dated 7 January 2011 issued by the All India Council for Technical Education (AICTE) withdrawing approval granted to the first petitioner to conduct an engineering college. The petitioners also sought a mandamus directing AICTE to approve a proposal submitted on 24 May 2008 for a change in location of the college, and to direct the State Government, Directorate of Technical Education, and University of Mumbai to grant No Objection Certificates. The first petitioner had been granted approval in 1994 to run an engineering college at Survey No. 27, Kasarvadavali, Ghodbunder Road, Thane. Between 1994 and 2008, the college operated at the approved premises with annual approvals from AICTE. On 24 May 2008, the petitioners applied to AICTE's Regional Office to shift to a new location at Survey No. 12/1, 2, 4, 13/8, 9, 10A and 13/10B. Similar applications were made to the Directorate of Technical Education on 29 May 2008 and to the University on 29 April 2008. However, the petitioners admittedly shifted to the new location without obtaining approval from AICTE, without No Objection Certificates from the University and State Government, and without an occupation certificate from the Municipal Corporation of Thane. The court noted that the petitioners had not received the occupation certificate even as of the date of judgment. The court held that the unauthorized shifting constituted a serious violation of the conditions of approval, and AICTE was justified in withdrawing approval. The court further held that mandamus cannot be granted to compel the authorities to regularize an illegal act. The petition was dismissed, and the interim relief granted earlier was vacated.
Headnote
A) Technical Education - Change of Location - Prior Approval - All India Council for Technical Education Act, 1987, Section 10 - The petitioners shifted their engineering college to a new location without obtaining prior approval from AICTE, State Government, or University, and without occupation certificate from Municipal Corporation. Held that such unauthorized shifting constitutes a serious violation of statutory conditions, justifying withdrawal of approval. (Paras 2-5) B) Technical Education - Withdrawal of Approval - Power of AICTE - All India Council for Technical Education Act, 1987, Section 10 - AICTE has the power to withdraw approval granted to an institution if it fails to comply with the conditions of approval, including change of location without prior permission. Held that the order dated 7 January 2011 withdrawing approval was valid and justified. (Paras 6-10) C) Technical Education - Mandamus - No Objection Certificate - The petitioners sought mandamus to direct the State Government and University to grant No Objection Certificate for change of location. Held that since the petitioners had already shifted without approval, they cannot compel the authorities to regularize the unauthorized act; mandamus cannot be granted to compel an illegal act. (Paras 11-15)
Issue of Consideration
Whether the withdrawal of approval by AICTE for shifting the engineering college without prior approval is valid, and whether the petitioners are entitled to mandamus for approval of change in location.
Final Decision
The petition is dismissed. The order dated 7 January 2011 withdrawing approval is upheld. The interim relief granted earlier is vacated. No order as to costs.
Law Points
- Change in location of technical institution requires prior approval from AICTE
- State Government
- and University
- shifting without approval is a violation of statutory conditions
- AICTE has power to withdraw approval for non-compliance
- No Objection Certificate from State and University is mandatory
- Occupation certificate from local authority is essential.
