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SUPREME COURT OF INDIA
SUDHANSU JYOTI MUKHOPADHAYA, S.A. BOBDE, JJ.
Nawab Shah Alam Khan College of Engineering And Ors - Petitioners
Versus
Jawaharlal Nehru Technology University And Ors - Respondents
Special Leave Petition (C) No.26648 of 2014
Decided On : 29-10-2014
AICTE Act, 1987 - Central Act - Vacancy in different institutions - Seeking extension of time schedule of counseling and admission in private un aided– Jurisdiction - Taking into consideration fact that if extension is allowed students will not suffer and on contrary if not allowed many of students may suffer by not getting admission inspire of vacancy in different institutions - This Court by order dated August passed following order – Held, In case of refusal of affiliation University will give reason as to why they have refused renewal of affiliation Colleges Institutions when they were earlier affiliated with University for Session If there is minor deficiency University may grant conditional renewal of affiliation with stipulation that minor defect should be removed within specified period - University in such case should also give reason as to why approval granted by Pharmacy Council of India for Session shall not prevail over finding of University - However in case of any dispute concerned College Institution may move before Court of Competent Jurisdiction for appropriate relief - All Colleges Institutions who have been allowed to admit students will make it clear to the students that their admission are subject to affiliation by University and in case refusal or non grant of affiliation College Institution will be liable to refund the fee to students - Court also direct Colleges Institutions that in case they admit students their fees be kept in separate interest bearing bank account until such time affiliation is received so that in case of refusal they may refund the amount to concerned students - Court make it further clear that no capitation fee or hidden charges should be charged during the admission - It is also made clear that while admitting students no college institution will admit those students who have already been admitted in other colleges institutions within State nor admit students by transfer from other Colleges Institutions - Each of Colleges institutions will file undertaking with university within one month that they will follow time Schedule and if they hold extra classes beyond seven hours they will pay overtime to teachers – Petition disposed
ORDER :
1. Interlocutory Applications in C.A. No.9048/2012 have been filed by the Institutions/Colleges imparting teaching of engineering pharmaceuticals courses within the State of Telengana seeking extension of time/schedule of counselling and admission in the private un-aided AICTE approved technical colleges imparting teaching of technical courses for the Academic Sessions 2014-2015.
2. Earlier I.A. No. 46/2014 in C.A. No. 9048 of 2012 was filed by the State of Telengana for extension of time in view of creation of the State of Telengana on 2nd June, 2014. Similar I.A. Nos.50, 51, 52, 53, 54, 55, 56 of 2014 were also filed by the Technical Institutions situated within the State of Haryana for impleading them as a party in C.A. No. 9048/2012 alongwith applications seeking extension of time/schedule of counselling and admission in the private un-aided AICTE approved technical colleges imparting teaching of technical courses for the Academic Sessions 2014-2015.
3. Taking into consideration the fact that if extension is allowed, the students will not suffer and on contrary, if not allowed, many of the students may suffer by not getting admission, inspite of vacancy in different institutions. This Court by order dated 29th August, 2014 passed following order:
4. The Applicants have now proposed the academic calendar for admission in their Colleges/Institutions, without loss of teaching days, making Saturdays as teaching days :
| Start of academic session | 1st of September | No. of Days considering 6 days a week – Holidays* |
| Last day of teaching | 29th of November | 78-06 = 72 teaching days |
| Issue of Admit Card | 1st of Dec (Admit card are issued on line) | |
| Preparation, Leave for Exam | 1st Dec – 14th Dec | 14 Days |
| Start of Semester examination | 15th of December 2014 | |
| End of Semester examination | 10th of Jan 2015 | |
| Start of second semester | 15th of January 2015 |
5. The learned counsel appearing on behalf of other applicants and AICTE submits that there is no objection if the Academic Calendar Year proposed by the applicant – International Institute of Technology & Business, Sonepat and others in I.A. No. 50/2014 is allowed. It may be allowed to be applied to other institutions who have filed similar applications.
6. Having heard the learned counsel for the parties, we direct to implead the applicants as party to C.A. No. 9048/2012, extend the cut-off for counselling and admission as fixed by the final judgment and order dated 13th December, 2012 passed in C.A. NO. 9048/2012 by one week i.e. 5th September, 2014 with clear understanding that they will admit the students and complete the Session as per the time schedule shown and recorded above.
7. This extension of time for Counselling and Admission shall be applicable to the Colleges/Institutions who have filed the applications for impleading as the parties to the present appeal and the Colleges and Institutions for whom permission has been sought by AICTE.
8. In these applications the grievance of the applicants is that inspite of the extension granted by this Court, about 174 private technical colleges/institutions of the State of Tenengana, who were recognized by Jawahar Lal Nehru Technology University, Hyderabad (hereinafter referred to as the “University”) have not been allowed counseling and admission of students.
9. According to the university, the colleges/institutions in question have not been granted reaffiliation for the Sessions 2014-2015 as they do not fulfil all the requisite conditions. On the other hand, according to the council for the applicants, all the technical colleges/institutions fulfilled all criteria and, therefore, approved by All India Council of Technical Education (AICTE)/Pharmaceutical Council of India for the Sessions 2014-2015. It is also contended that these colleges/institutions were in fact affiliated with the uni
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