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2015 Supreme(Del) 3166
IN THE HIGH COURT OF DELHI AT NEW DELHI
G.ROHINI, RAJIV SAHAI ENDLAW, JJ.
SHABAD WELFARE SOCIETY - Petitioner
Versus
UNION OF INDIA AND ORS - Respondents
W.P.(C) 4181/2014 & CM No.8388/2014
Decided on : 19.11.2015
Advocate Appeared:
Mr. V. Krishnamurty, Sr. Adv. with Mr. Anil Hooda, Adv.
Mr. Akshay Makhija, CGSC with Mr. Rohitendra Das, Adv. for R-1. Mr. Amitesh Kumar, Adv. for R-2&3.
The AICTE Act, 1987, empowers the AICTE to ensure coordinated and integrated development of technical education and maintenance of standards, and the decisions of the AICTE are binding as per the provisions of the Act and Regulations.
Headnote:
AICTE - Unapproved Courses - AICTE Act, 1987, Sections 3, 10, 12, 23 - The court discussed the AICTE Act, 1987, and the AICTE (Grants of Approvals for Technical Institutions) Regulations, 2012. It highlighted the powers of the AICTE to ensure coordinated and integrated development of technical education and maintenance of standards. The court found that the decision of the Executive Committee (EC) to permit engineering colleges to conduct other educational courses in the existing campus was in conformity with the provisions of the Approval Process Handbook for 2013-14 published by the Council.
Fact of the Case:
The petition alleged inaction by AICTE in taking action against Engineering Colleges conducting unapproved courses. AICTE had undertaken to conduct an in-depth inquiry into the matter in a previous case. The petitioner sought a direction to take appropriate action against the colleges running unapproved courses. AICTE had initiated action against the erring institutes.
Finding of the Court:
The court found that the decision of the Executive Committee (EC) to permit engineering colleges to conduct other educational courses in the existing campus was in conformity with the provisions of the Approval Process Handbook for 2013-14 published by the Council. The court disposed of the writ petition with a direction to AICTE to continue the proceedings in terms of the recommendations of the Standing Appellate Committee and take appropriate action against the erring institutes.
Issues: Alleged inaction by AICTE, permission to institutions to run unapproved courses, and the authority of the Executive Committee (EC) of AICTE to make decisions contrary to mandatory requirements.
Ratio Decidendi: The AICTE Act, 1987, empowers the AICTE to ensure coordinated and integrated development of technical education and maintenance of standards. The decision of the Executive Committee (EC) to permit engineering colleges to conduct other educational courses in the existing campus was in conformity with the provisions of the Approval Process Handbook for 2013-14 published by the Council.
Final Decision: The court disposed of the writ petition with a direction to AICTE to continue the proceedings in terms of the recommendations of the Standing Appellate Committee and take appropriate action against the erring institutes.
G.ROHINI, J.
1. This petition as a PIL is filed alleging inaction on the part of AICTE in taking action against the Engineering Colleges conducting unapproved courses like B.Sc. and M.Sc. in spite of the fact that it had undertaken before this Court in W.P.(C) No.4225/2012 to conduct in-depth inquiry into the matter.
2. The material available on record shows that the petitioner had earlier filed W.P.(C) No.4225/2012 seeking a direction to the respondents to take appropriate action against those Engineering Colleges which are admitting students for the unauthorized B.Sc. and M.Sc. courses throughout the country without any approval from AICTE and to cancel the approval granted to all the said colleges which are running unapproved courses. The said writ petition was disposed of by a Division Bench of this Court by order dated 18.07.2012 recording the statement of the counsel for AICTE that the allegations would be examined and an in-depth inquiry would be conducted in the matter. This Court also directed that the outcome of the investigation in the form of status report shall be filed in this Court with a copy to the petitioner. In pursuance thereof, the status report dated 13.02.2014 was filed by AICTE which shows that out of the total 49 institutions in the list submitted by the petitioner in W.P.(C) No.4225/2012, the names of 2 institutions were repeated and so far as the remaining 47 institutions are concerned, after getting the inspections conducted through Expert Committee, the Regional Office of AICTE at Chennai found that 5 institutions were not conducting any unapproved courses. Therefore, show cause notices were issued to the remaining 42 institutions and the explanations received were considered by a duly constituted Standing Complaint Committee (SCC) headed by the Retired Judge of a High Court. After examining the documents, the Committee found that out of 42 institutions, 20 have closed the unapproved courses. Regarding 22 institutions which are found to have running the unapproved courses, the Standing Complaint Committee recommended that AICTE shall proceed against the said institutions both with regard to conducting unapproved courses as well as the other deficiencies by issuing separate notices. The recommendations of the Standing Complaint Committee were considered by the Executive Committee (EC) of AICTE in its 84th meeting held on 29.08.2013. The decision taken by the EC under Items No.84.03.01 and 84.03.02 which are relevant for the purpose of the present case read as under:-
“Item No.84.03.01 To consider the request of the Society/Trust to run other than technical courses in existing campus and use the surplus land for the same. The Executive Committee deliberated and approved starting other educational courses/institutions (Technical/Non Technical) in the surplus land arising out of prevailing/reduced norms of land requirement. EC also approved that such surplus land can be used as per the land use certificate given to the society/Trust by the concerned authority subject to such courses/institutions having their own facilities to conduct such programs without sharing the assents facilities with the already approved technical institutions (Actions to be taken – PC Bureau) Item No.84.03.02 To consider the recommendation of the SCC Review Committee held on 01.08.2013 in CWP No.4255/2012 titled Shabad Welfare Society Vs. UOI & Ors. Complaint against institutions imparting unapproved courses. The Executive Committee considered the recommendations of the SCC Review Committee held on 01.08.2013 (in CWP No.4255/2012 titled Shabad Welfare Society Vs. UOI & Ors. – In the matter of complaint against institutions imparting unapproved courses) and approved the same. Further the ECC observed that these cases be further processed by giving an opportunity to appeal before the SAC and that the SAC will also consider the decision taken under item No.84.03.01 of the EC minutes while deciding the appeal (Action to be
