SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Article Pause Article
judgment-img

1997 Supreme(AP) 334

Andhra Pradesh High Court
Judges : B.K.SOMASEKHARA, P.B.MISHRA
Devarakonda Edl.Society - Appellant
Versus
All India Council Technical Education - Respondent
Decided On : 04-01-97

Headnote:Words and Phrases - Academic Year - Implication of - Academic year , a concept but not a reality.

       Held : Meaning of the year as a British Calendar year having 12 months (as per Sec.3(66) of the General Clauses Act) should normally commence of the first of January and to end with the 31st of December of each year. In relation to a University or an educational organisation, that xannot be made applicable in view of the fact that it must be organised having due regard to the facts and circumstances of each institution, University.

       An act of the law is the creation, extinction or transfer of a right by the operation of the law itself, independent of any consent thereto on the part of him concerned. An act in the law, on the other hand, is any expression of the will or intention of the person concerned directed to the creation transfer or extinction of a right and effective in law for that purpose.

       Words and Phrases – ‘Approval’ – Meaning – Approval, nothing but sanction on being satisfied of a particular fact which is found to be good or satisfactory.

       Held : To infer all that is only to see that while according or withholding approval in normal sense of the term, the 1st respondent (All India Council for Technical Education) is expected to be satisfied about certain matters within the facts and circumstances of each case having felt that it is good, that it is satisfactory or to be regulated in accordance with the intendment of the provisions of the Act and the Regulations. It does not mean that it is a technical audit or an investigation or picking the holes which may affect the ultimate achievement of the rule intended and the purpose of the Act and the Regulations.

       All India Council for Technical Education Regulations, 1994 – Regulation 8(9) ; words & phrases – Expression ‘ Decision’ – Meaning of – Decision is a determination arrived at after consideration of facts but not a mere conclusion or a finding based on insufficient or immature factum or legal implication.

( 1 ) THE two writ petitions emanate between the same parties involving several common questions of law and facts. Among them. W. P. No. 24515/96 was filed earlier on 19-11-1996 and W. P. No. 27059/96 was filed later on 17-12-1996. The common petitioner is an Educational Society located at Madhapur. Ranga Reddy district, Hyderabad. The common respondents are the All India Council for Technical Education (in short AICTE-1st respondent), the Government of Andhra Pradesh (in short, the Government-2nd respondent), the Commissioner and Director of Technical Education (in short. the Director-3rd respondent ). A. P. State Council of High Education (in short, the State Council-4th respondent) and the Convenor. EAMCET (in short, the Convenor-5th respondent ). In W. P. No. 24515/96, the petitioner sought a writ of Mandamus declaring that the petitioner is entitled to the approval by the first respondent and for clearance from respondents 2 to 5 to establish and commence the D. V. R. College of Engineering and Technology at Madhapur. R. R. District with six courses applied for and with an intake capacity of 360 candidates. 60 candidates each into six courses. In the meanwhile, when the first respondent filed a counter, it was made known that such an approval applied for by the petitioner had been rejected by the impugned order in proceedings No. 732-50-079 (NDEG)/et/95 dated 4-11-1996. Challenging such an impugned order of the first respondent. W. P. No. 27059/96 was filed by the petitioner to declare that the same is arbitrary, illegal and unenforceable apart from being violative of the fundamental principles of natural justice and direct the respondents 4 and 5 to allot 360 students. 60 students for each of the courses, as detailed.

( 2 ) THE factmatrix as the backdrop of these proceedings require a initial and brief record :--In response to the publication of notification in a newspaper dated 21-12-1995. the petitioner applied on 31 -12-1995 to the I si respondent for permission to establish the unaided private engineering college as proposed. An expert committee inspected the premises wherein it was proposed to have the college viz. , at Madhapur village in R. R. District. The expert committee inspected the premises and the college and submitted a favourable feasibility report. A high level committee was constituted by the Government in G. O. Ms. No. 526 dated 25-4-1996 in order to finalise the scrutiny of the applications and to report compliance with the requirements. It appears that it was finalised by 27-4-1996. It appears that the advisors of the first respondent. Hyderabad reviewed and cleared the applications of 11 colleges including the petitioner. In this regard, the petitioner received an intimation from the Southern Regional Office of the first respondent in the communication dated 25-5- 1996 reporting that a joint expert committee constituted by the first respondent, including the nominees of the State Government of Andhra Pradesh consisting of five members including the Chairman and Convenor will be visiting the petitioner college on 30-5-1996. . The proposal of the petitioner in regard to the commencement of such a college to permit six courses viz,. Civil Engineering. Mechanical Engineering. Electrical and Electronics Engineering. Computer Science and Engineering, Telecommunication Engineering and Chemical Engineering with an intake capacity of 60 each (total 360) was considered. It was for the academic year 1996-97 regarding which the committee had to submit its recommendation to the first respondent for its consideration. It is alleged that inspection by such a committee was carried out examining the infrastructure including the building, laboratory, library, equipment etc. , and the land earmarked to put up construction. The petitioner has alleged that he personally visited the advisor of the first respondent number of limes and requested to finalise the matter. It appears that a personal representation was also pre


































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top