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2019 Supreme(SC) 679

DEEPAK GUPTA, SURYA KANT
FOUNDATION FOR ORGANIZATIONAL RESEARCH AND EDUCATION FORE SCHOOL OF MANAGEMENT THROUGH ITS DIRECTOR – Appellant
Versus
ALL INDIA COUNCIL FOR TECHNICAL EDUCATION THROUGH THE MEMBER SECRETARY – Respondent


Advocates Appeared:
For the Appellant : Mr. M. Shoeb Alam, AOR
For the Respondent: Mr. Harish Pandey, AOR, Mr. Anil Soni, Adv., Mr. R. Anand Padmanabhan, Adv., Ms. Amritha Sarayoo, Adv., Mr. Prawal Chaturvedi, Adv., Mr. Shashi Bhushan Kumar, AOR, Ms. Ginny J Rautray, Adv., Ms. Anushka Ashok, Adv., Mrs. Kanchan Kaur Dhodi, AOR

JUDGMENT

Deepak Gupta, J.

The petitioner, Foundation for Organizational Research and Education For School of Management is a registered educational institution running courses in management. On 15th March, 2016, the petitioner applied to the respondent, the All India Council for Technical Education (for short 'the AICTE') for extension of approval of existing seats and for increase in seats in certain courses. On 25th April, 2016, the AICTE granted extension of approval to the petitioner for existing seats in the existing courses. However, in this communication nothing was written with regard to the prayer for increase in seats. Correspondence was exchanged between the parties but finally on 22nd June, 2016, the AICTE rejected the request of the petitioner.

2. The petitioner, despite having no permission for increase in seats, admittedly granted permission to students in excess of the seats. Therefore, the petitioner filed a writ petition before this Court for quashing of the letter dated 22nd June, 2016 and also prayed that the petitioner be permitted to continue with the session which had commenced on 6th July, 2016 for the current academic year without jeopardizing the career of th
























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