Important Point – Granting recognition is basic requirement for grant of affiliation.

Common Judgment: (Dilip B. Bhosale, ACJ.)

1. These ten Writ Appeals, filed by Jawaharlal Nehru Technological University (for short, ‘the University’), are directed against the common order dated 07.07.2015, whereby about 110 writ petitions, filed by different institutions/colleges imparting technical education, have been disposed of. In all the writ petitions, basically, the petitioners-institutions/colleges sought Writ of Mandamus declaring the action of the University rejecting affiliation and communicating deficiencies for running different courses in B.Tech and M.Tech degree courses, as illegal, arbitrary and unconstitutional.

2. Writ Petitions were disposed of issuing certain directions to All India Council for Technical Education (for short, ‘AICTE’) established under the provisions of All India Council for Technical Education Act, 1987 (for short, ‘AICTE Act’) and to the University established under the provisions of Jawaharlal Nehru Technological University Act, 2008 (for short, “JNTU Act”). We propose to make specific reference to those directions little later.

3. It would be relevant to notice the background against which the writ petitions were filed by different institutes/colleges including the writ petitions from which the instant writ appeals arise. All colleges, imparting technical education in B.Tech and M.Tech. courses, were granted recognition/approval by the AICTE. The University, however, rejected affiliation for the academic year 2015-16 to these colleges, totally or in respect of some courses. The last date for granting or refusing approval by the University was 15.5.2015. Admittedly, the admission schedule, as set out by the Supreme Court in Parshvanath Charitable Trust v. All India Council for Technical Education (2013) 3 SCC 385), with regard to the procedure for grant of approval/recognition by AICTE and affiliation by the University, was not adhered to and the University fixed the last date for receipt of application for affiliation as 7.5.2015 with another period of nearly 45 days for completion of affiliation process as per its regulations. Some of the colleges were intimated of the deficiencies pursuant to the applications made by them for affiliation. All such colleges approached this Court contending that the University followed irregular procedure for refusing affiliation. In the writ petitions, this Court reset the timeframe without violating the deadline fixed for commencement of the academic year, vide order dated 12.6.2015 in W.P.No.14743 of 2015 and batch. The petitioners in those writ petitions, who were communicated with deficiencies, were directed to treat the said communication as an order of rejection of affiliation by the University as per the regulations and they were allowed to file appeals before the Appellate Committee. When that process was going on, some of the institutions approached this Court again and it was revealed that the Institutions, who were communicated with the list of deficiencies, did not invoke the process of filing of appeals. On the other hand, re-verification conducted by the University, according to the petitioners, was contrary to the regulations framed by it and it was contended before this Court that such re-verification was done treating the objections filed to the intimation of deficiencies as an appeal. This Court considered the plea of the institutions and disposed of W.P.No.18332 of 2015 and batch by order dated 25.6.2015 directing the University to upload the reports pursuant to re-verifications and afford an opportunity of hearing to the affected institutions by the competent appellate authority and take a decision. In respect of large number of colleges, deficiencies were communicated and after considering the objections, affiliation was granted to about 200 colleges. The colleges, to whom affiliation was refused/denied, filed the writ petitions, including the respondent-colleges in the instant ten appeals, under Article 226 of the Consti