Case Note & Summary
The petitioner, Jijamata Shikshan Prasarak Mandal's Kamlatai College of Architecture, through its President Dr. Pramod Uttamrao Shinde, filed a writ petition before the High Court of Bombay at Aurangabad seeking directions to the respondents to consider its application for starting a college of architecture at Madadgaon Takli Kazi, Tq. & Dist. Ahmednagar. The respondents included the State of Maharashtra, Director of Technical Education, All India Council for Technical Education (AICTE), and Dr. Babasaheb Ambedkar Technical University. The petitioner had applied for a No Objection Certificate (NOC) from the State Government and affiliation from the University. The court, after hearing the learned counsel for the parties, observed that the issue involved was of starting a college of architecture. The court directed the respondents to consider the petitioner's application and decide it in accordance with law within a period of four weeks from the date of the order. The writ petition was disposed of with these directions. The judgment was delivered by a division bench comprising Justice Anoop V. Mohta and Justice Sunil K. Kotwal on 21 June 2017.
Headnote
A) Education Law - Technical Education - Starting of Architecture College - AICTE Regulations - The petitioner, a trust, sought to start a college of architecture and applied for NOC from the State Government and affiliation from the University. The court directed the respondents to consider the petitioner's application and decide it in accordance with law within a stipulated time frame, as the issue involved was of starting a college of architecture. (Paras 1-4)
Issue of Consideration
Whether the petitioner is entitled to a direction to the respondents to consider its application for starting a college of architecture and to grant necessary approvals including No Objection Certificate (NOC) from the State Government and affiliation from the University.
Final Decision
The writ petition is disposed of with a direction to the respondents to consider the petitioner's application and decide it in accordance with law within a period of four weeks from the date of the order. Rule made returnable forthwith.
Law Points
- Education Law
- Technical Education
- All India Council for Technical Education (AICTE) Regulations
- University Affiliation
- No Objection Certificate (NOC)
- Writ Jurisdiction
