Case Note & Summary
The petitioners, Mukund Education Society and Sanmati Engineering College, challenged a notification dated 19/5/2016 issued by Sant Gadge Baba Amravati University (respondent no.1) which reduced the intake capacity of the engineering college from 16 to 0 for the academic year 2016-17, while continuing affiliation. The petitioners argued that the reduction was arbitrary, without any prior notice or opportunity of hearing, and contrary to the regulations of the All India Council for Technical Education (AICTE). The University contended that it had the power to regulate intake under the affiliation conditions. The court, after hearing the parties, held that the University's action violated principles of natural justice as no show-cause notice or hearing was given before reducing the intake to zero. The court also noted that the AICTE regulations prescribe a procedure for variation of intake, which was not followed. Consequently, the court quashed the notification and directed the University to restore the intake capacity to 16 for the academic year 2016-17, subject to compliance with other requirements. The petition was allowed with no order as to costs.
Headnote
A) Administrative Law - Natural Justice - Opportunity of Hearing - Reduction of Intake Capacity - University reduced intake of engineering college from 16 to 0 without any prior notice or hearing - Held that such action violates principles of natural justice and is arbitrary (Paras 2-5). B) Education Law - AICTE Regulations - Intake Capacity - University's Power - University cannot unilaterally reduce intake to zero without following AICTE norms and without giving opportunity to the college - Held that the notification is quashed and set aside (Paras 4-5).
Issue of Consideration
Whether the University could unilaterally reduce the intake capacity of an affiliated engineering college from 16 to 0 for the academic year 2016-17 without affording any opportunity of hearing and without following the procedure prescribed under the AICTE regulations.
Final Decision
The petition is allowed. The impugned notification dated 19/5/2016 is quashed and set aside. The University is directed to restore the intake capacity of petitioner no.2 to 16 for the academic year 2016-17, subject to compliance with other requirements. No order as to costs.
Law Points
- Natural justice
- opportunity of hearing
- AICTE regulations
- intake capacity reduction
- affiliation conditions
- university autonomy
- judicial review of administrative action
