Case Note & Summary
The petitioners, Lokmanya Tilak Jankalyan Shikshan Sanstha's Lokmanya Tilak College of Engineering, filed a writ petition before the Bombay High Court challenging an order dated 23 June 2014 passed by the All India Council for Technical Education (AICTE) declaring the institution under the 'no admission' category for the academic year 2014-15. The petitioners had been imparting technical education based on requisite permissions from concerned authorities, including AICTE, for a long period. The impugned order was passed without any show cause notice or opportunity of hearing, which the petitioners contended was in gross violation of principles of natural justice. The court noted that the Supreme Court in Jayamatha Engineering College v. Union of India (Writ Petition (Civil) No. 538 of 2014) had passed an interim order directing that no institution be denied approval without hearing. The court observed that the AICTE's decision was arbitrary and unsustainable. Considering the interest of students and the institute, the court granted ad-interim relief staying the operation of the impugned order and directed that the petitioners be allowed to continue the admission process for the academic year 2014-15. The court also directed the respondents to permit the petitioners to participate in the subsequent rounds of admission process. The petition was disposed of with the final order that the impugned order dated 23 June 2014 was quashed and set aside, and the respondents were directed to process the petitioners' application for approval for the academic year 2014-15 in accordance with law and the directions of the Supreme Court.
Headnote
A) Administrative Law - Natural Justice - Right to be Heard - AICTE's decision to declare institution under 'no admission' category without affording opportunity of hearing is violative of principles of natural justice - The impugned order dated 23 June 2014 was passed without any show cause notice or personal hearing, and the institution had been granted approval in previous years - Held that such a decision cannot be sustained (Paras 2-5). B) Technical Education - AICTE Regulations - Approval Process - Compliance with Supreme Court Directions - The AICTE's action of placing the institution under 'no admission' category despite the institution having necessary permissions and the Supreme Court's interim order in Jayamatha Engineering College case directing that no institution be denied approval without hearing - Held that the AICTE must follow the directions of the Supreme Court and cannot act arbitrarily (Paras 3-5). C) Education Law - Admission Process - Interest of Students - The court stayed the impugned order in the interest of students and the institute, allowing the institution to continue the admission process for the academic year 2014-15 - Held that the balance of convenience lies in favour of the petitioners and the students (Paras 5-6).
Issue of Consideration
Whether the AICTE's decision to place the petitioner's institution under 'no admission' category for the academic year 2014-15 was valid and sustainable in law, particularly when the institution had been granted approval in previous years and the decision was taken without proper hearing and in violation of principles of natural justice.
Final Decision
The court quashed and set aside the impugned order dated 23 June 2014 and directed the respondents to process the petitioners' application for approval for the academic year 2014-15 in accordance with law and the directions of the Supreme Court. The rule was made absolute accordingly.
Law Points
- Natural justice
- Right to be heard
- AICTE regulations
- Technical education
- Admission process
- Compliance with Supreme Court orders
