Case Note & Summary
The dispute in the present case relates to grant of approval to the Engineering College of the petitioners from the academic year 2011-12. The petitioners had filed a writ petition (5694 of 2011) seeking a letter of approval to their new Engineering College for the academic year 2011-12. By an order dated 5 July 2012, the court directed that the petitioner be allowed a period of three weeks to move the competent authority of AICTE with an updated position with reference to the deficiencies reported on 16 April 2012 by the expert committee, and the competent authority was to take a decision in accordance with law upon due verification of compliance. The petition was disposed of. Thereafter, AICTE filed a Review Petition (95 of 2012) seeking review of the order dated 5 July 2012 on the ground that AICTE was not aware of the issuance of the letter of rejection dated 5 July 2012 by the headquarters of AICTE at the time of the passing of the order dated 5 July 2012 in Writ Petition 5694 of 2011. By an order dated 8 August 2012, the court rejected the Review petition. The record produced by the parties indicates that the impugned order dated 5 July 2012 passed by AICTE is without reference to this Court's order dated 5 July 2012 allowing the petitioner to move AICTE with an updated position with reference to the deficiencies reported on 16 April 2012 by the Expert Committee and directing the Competent Authority to take a decision in accordance with law upon due verification of compliance. The court found that the impugned order was passed without considering the court's earlier order and was therefore unsustainable. The court quashed and set aside the impugned order dated 5 July 2012 passed by AICTE and directed AICTE to consider the petitioner's proposal afresh in accordance with law and in light of the court's order dated 5 July 2012 in Writ Petition 5694 of 2011, within a period of four weeks from the date of the order.
Headnote
A) Administrative Law - Compliance with Court Orders - AICTE's order dated 5 July 2012 rejecting the proposal for establishment of a new engineering college was set aside as it was passed without reference to the court's earlier order dated 5 July 2012 in Writ Petition 5694 of 2011, which had allowed the petitioner to move AICTE with an updated position regarding deficiencies and directed AICTE to take a decision in accordance with law. The court held that the impugned order was unsustainable as it ignored the court's direction. (Paras 1-4)
Issue of Consideration
Whether the AICTE's order dated 5 July 2012 rejecting the petitioner's proposal for establishment of a new engineering college is valid when it was passed without reference to the court's earlier order dated 5 July 2012 directing the petitioner to move AICTE with an updated position and directing AICTE to decide in accordance with law.
Final Decision
The court quashed and set aside the impugned order dated 5 July 2012 passed by AICTE and directed AICTE to consider the petitioner's proposal afresh in accordance with law and in light of the court's order dated 5 July 2012 in Writ Petition 5694 of 2011, within a period of four weeks from the date of the order.
Law Points
- Administrative law
- Compliance with court orders
- Natural justice
- Technical education approval
