Case Note & Summary
The petitioner, Karmaveer Bhaurao Patil College of Engineering, a college run by a public charitable trust and imparting technical education based on approval from AICTE, challenged the decision dated 30 April 2015 of Respondent No.1 (AICTE) putting the college into no admission category (zero intake capacity) for the academic year 2014-15. The petition was filed on 5 May 2015. On 8 May 2015, the court granted ad interim relief permitting the college to participate in CAP admission for the academic year 2015-16. The matter was heard finally along with other connected matters. The court noted that it had already recorded basic reasons in Saraswati Education Society's Saraswati College of Engineering v. AICTE (Writ Petition No. 4586 of 2015) dated 14 August 2015, both on issues of law and related aspects. Since the petitioner was similarly situated and challenging similar action/orders, the court held that the reasons and decision in that case were fully applicable. Accordingly, the court disposed of the petition in terms of the reasons recorded in that judgment, directing that the interim order dated 8 May 2015 be continued and made absolute. The rule was made absolute accordingly.
Headnote
A) Technical Education - AICTE Approval - Zero Intake Category - Challenge to AICTE decision reducing intake to zero - Court allowed petition relying on reasons recorded in Saraswati Education Society's Saraswati College of Engineering v. AICTE (Writ Petition No. 4586 of 2015) - Held that the petitioner being similarly situated is entitled to same relief (Paras 5-6).
Issue of Consideration
Whether the decision of AICTE to put the petitioner college into no admission category (zero intake) for the academic year 2014-15 is sustainable and whether the college is entitled to participate in CAP admission for 2015-16.
Final Decision
The petition is disposed of in terms of the reasons recorded in Saraswati Education Society's Saraswati College of Engineering v. AICTE (Writ Petition No. 4586 of 2015). The interim order dated 8 May 2015 is continued and made absolute. Rule is made absolute accordingly.
Law Points
- Natural justice
- AICTE approval process
- zero intake category
- interim relief
- parity with similarly situated institutions
