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2013 Supreme(SC) 1412

H.L.DATTU, RANJAN GOGOI
All India Council for Technical Education – Appellant
Versus
Rakesh Sachan – Respondent


Advocates Appeared:
For the Petitioners:Rakesh Dwivedi, Sr. Adv. Amitesh Kumar, Ravikant, Nikhil Sharma, Navin Prakash, Advocates.
For the Respondents:S.R. Singh, Namita Choudhary, Ayush Negi, Sunita Pandit and Sushant K. Yadav, S. Seedasiva Reddy, B.V. Balram Das and Arvind Kumar Sharma, Advocates.
For the State of U.P. :Ameet Singh, Mukul Singh and Pragati Neekhra, Advocates.

ORDER :

1. Leave granted.

2. All India Council for Technical Education ("AICTE" for short) is the appellant in this appeal. It calls in question the correctness or otherwise of the judgment and order passed by the High Court of Judicature of Allahabad at Lucknow in Criminal Misc. Application No. 4107 of 2011, dated 15.09.2011. By the impugned judgment and order the High Court without affording an opportunity of hearing to the AICTE has remitted the matter to the Trial Court with a direction to decide the application filed under Section 320 of the Code of Criminal Procedure, 1973 ("Cr.P.C." for short) by the respondents.

3. The AICTE has been constituted under the All India Council for Technical Education Act, 1987. The said Act provides for the establishment of an All India Council for Technical Education with a view to ensure proper planning and coordinate development of the technical education system throughout the country and also to promote the qualitative improvement of such education in relation to planned quantitative growth and the regulation and proper maintenance of norms and standards in the technical education system and for matters connected therewith.

4. The first respond

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