Case Note & Summary
The petitioners, Hyderabad (Sind) National Collegiate Board and Watumall Institute of Electronics, Engineering and Computer Technology, are a minority Sindhi community institution running various colleges and schools. They filed a writ petition on 8 May 2015 challenging the refusal of the All India Council for Technical Education (AICTE) to grant approval for an engineering course. The court noted that the issues raised in this petition were identical to those in two earlier writ petitions: Saraswati Education Society's Saraswati College of Engineering v. AICTE (Writ Petition No.4586 of 2015) and Karmaveer Bhaurao Patil College of Engineering v. AICTE (Writ Petition No.4620 of 2015), which had already been decided in favor of the petitioners. The parties conceded that this petition must succeed on the same grounds. The court, therefore, disposed of the petition in terms of the earlier judgments, allowing the petition and setting aside the impugned communication/order of AICTE. The court directed AICTE to consider the petitioners' application for approval afresh in accordance with law and in light of the earlier judgments.
Headnote
A) Educational Law - Minority Institution - AICTE Approval - Binding Precedent - The petitioners, a minority Sindhi community institution, challenged AICTE's refusal to grant approval for an engineering course. The court, following its earlier judgments in Saraswati Education Society's Saraswati College of Engineering v. AICTE and Karmaveer Bhaurao Patil College of Engineering v. AICTE, held that the issues were identical and allowed the petition on the same grounds. (Paras 2-3)
Issue of Consideration
Whether the petition filed by a minority institution challenging AICTE's refusal to grant approval for an engineering course should succeed in light of earlier judgments on identical issues.
Final Decision
The petition is allowed. The impugned communication/order of AICTE is set aside. AICTE is directed to consider the petitioners' application for approval afresh in accordance with law and in light of the judgments in Saraswati Education Society's Saraswati College of Engineering v. AICTE and Karmaveer Bhaurao Patil College of Engineering v. AICTE. Rule made absolute accordingly. No order as to costs.
Law Points
- Minority institution rights
- AICTE approval
- binding precedent
- common order
Case Details
2015 LawText (BOM) (08) 35
Writ Petition No.4807 of 2015
Anoop V. Mohta, A.A. Sayed
Mr. Pravin Shewale i/b. Mr. J.S. Chandnani for the Petitioners, Mr. Mihir Desai, Senior Advocate with Mr. S.S. Jadhav and Mr. Sarnath Sariputta for Respondent Nos.1 & 2, Ms S.S. Bhende, Asstt. Govt. Pleader for Respondent Nos.3 & 4, Mr. R.A. Rodrigues for Respondent No.6
Hyderabad (Sind) National Collegiate Board & Anr.
All India Council for Technical Education & Ors.
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Nature of Litigation
Writ petition challenging AICTE's refusal to grant approval for an engineering course.
Remedy Sought
Petitioners sought to quash the impugned communication/order of AICTE and direct them to grant approval for the engineering course.
Filing Reason
AICTE refused to grant approval for the engineering course run by the petitioners' institute.
Previous Decisions
This Court had earlier allowed similar petitions in Saraswati Education Society's Saraswati College of Engineering v. AICTE and Karmaveer Bhaurao Patil College of Engineering v. AICTE.
Issues
Whether the petition should succeed in light of earlier judgments on identical issues.
Submissions/Arguments
Counsel for the parties conceded that the issues are identical to those in earlier writ petitions and that this petition must succeed.
Ratio Decidendi
Where the issues in a petition are identical to those in earlier decided petitions, the petition must succeed on the same grounds and be disposed of in terms of those judgments.
Judgment Excerpts
Counsel appearing for the parties conceded the position that in view of the judgment passed by this Court in Writ Petition No.4586 of 2015 (Saraswati Education Society's Saraswati College of Engineering V/s. All India Council for Technical Education (AICTE) & Anr) and in Writ Petition No.4620 of 2015 (Karmaveer Bhaurao Patil college of Engineering V/s. All India Council for Technical Education & Ors.) this petition must succeed as the issues are identical in present writ petition and, therefore, it can be disposed of for the recorded common facts and the reasons in the said judgments.
Procedural History
The petitioners filed Writ Petition No.4807 of 2015 on 8 May 2015. The court heard the matter on 24 August 2015 and disposed it of in terms of earlier judgments.
Acts & Sections
- Societies Registration Act, 1860:
- Bombay Public Trust Act:
