Case Note & Summary
The Petitioner, Saraswati Education Society’s Saraswati College of Engineering, an institution established in 1997 and offering undergraduate engineering courses since 2004 and postgraduate courses since 2011, challenged the order of the All India Council for Technical Education (AICTE) dated 30 April 2015 reducing its intake capacity by 25% for the academic year 2015‑16. The reduction came without any reasons being assigned and followed a similar reduction in the previous year, which had been set aside by the High Court in Writ Petition No. 6468 of 2014. For the current year, the college had applied online for extension of approval on 20 February 2015, and an Expert Visit Committee inspected the college on 25 March 2015. The college was called before the Standing Compliant Committee but was not provided with any inspection report or informed about the decision‐making process. The impugned order resulted in a cumulative reduction of 55% from the original intake capacity. The Petitioner contended that no deficiency had been pointed out and that the reduction was arbitrary and violative of natural justice. Respondents, including AICTE, the State Government, Directorate of Technical Education, and the University of Mumbai, resisted the petition, relying on various judgments and the AICTE Approval Process Handbook. Considering the urgency of the matter, as admissions for the academic year were underway, the High Court on 6 May 2015 granted ad‑interim relief. The Court directed the Directorate of Technical Education and the University of Mumbai to permit the Petitioner to participate in the Centralized Admission Process for all existing engineering courses as approved in the previous academic year 2014‑15. It clarified that non‑listing of the institute’s name on AICTE’s website would not affect the admission process and that the order was subject to further orders, with no equity being claimed by the Petitioner. The final disposal of the petition was scheduled for 10 June 2015.
Headnote
A) Education Law - Technical Education - AICTE Approval Process - All India Council for Technical Education Act, 1987 and Approval Process Handbook (2015-2016) - Interim Relief - The Petitioner Engineering College sought full intake capacity for academic year 2015-16 after AICTE reduced intake by 25% without reasons, resulting in total reduction of 55% - The High Court, noting the urgency, granted ad-interim relief directing that the Petitioner be permitted to participate in CAP admissions for all existing courses as approved in previous academic years, and clarified that non-listing on AICTE website shall not affect admission process - Held that interim protection is necessary subject to further orders, without creating any equity (Paras 6, 8).
Issue of Consideration
Whether the All India Council for Technical Education (AICTE) could reduce the intake capacity of the Petitioner's engineering college without assigning reasons and without following the prescribed procedure under the Approval Process Handbook, and whether the Petitioner is entitled to full intake capacity and participation in the Centralized Admission Process (CAP) for the academic year 2015-16.
