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2005 Supreme(Kar) 619

S.ABDUL NAZEER
MAHATHMA GANDHI VIDYA PEETHA TRUST – Appellant
Versus
ALL INDIA COUNCIL FOR TECHNICAL EDUCATION, NEW DELHI – Respondent


Advocates:
B.MANOHAR, BASAVA PRABHU S.PATIL, M.S.RAJENDRA PRASAD, N.B.BHAT, S.VIJAYASHANKAR

( 1 ) THE 1st petitioner is the Trust and the 2nd petitioner is an engineering college run by the 1st petitioner. In. this case the petitioners have called in question the order passed by the All India Counsel for technical Education (for short, 'aicte'), the 1st respondent herein dated 4-8-2005 (Annexure-A) imposing penalty for the excess admission made by the college for the academic year 2003-2004 and for quashing of the communication dated 15-8-2005 (Annexure-Q), whereby the intake of the petitioner for the academic year 2005-2006 was reduced by 46 seats in the undergraduate level Degree Courses in Engineering.

( 2 ) THE annual intake of the 2nd petitioner-college was fixed by the aicte at 730 in the undergraduate level courses for the academic year 1979-80 and onwards in various disciplines. By a communication dated 30-4-2003, AICTE reduced the annual intake of the college for the academic year 2003-2004 to 600. The college has sent a letter dated 23-5-2003 to the AICTE seeking restoration of the intake. Challenging the fixation of the intake, the petitioners filed a writ petition before this court in W. P. No. 25952 of 2003 for a mandamus, directing the AICTE to withdraw the

















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