IN THE HIGH COURT OF DELHI AT NEW DELHI
GITA MITTAL & ANU MALHOTRA, JJ.
BSA COLLEGE OF ENGG. & TECHNOLOGY – Petitioner
Versus
ALL INDIA COUNCIL FOR TECHNICAL EDUCATION & OTHERS – Respondents
W.P. (C) No. 3415 of 2017 & C.M. No. 14926 of 2017
Decided On : 01-05-2017
All India Council for Technical Education (Grant of Approvals for Technical Institutions) Regulations, 2016 - Regulation 6.1 - Academy - Approval - Denial - Scope of - Petitioner had made application for the Academic Year 2016-17 - No objection was taken with regard to the land - Scrutiny was effected - Expert Visit Committee conducted the physical inspection of the facilities - All objections made by the respondents were satisfied - Respondents were in possession of the title documents of the petitioner from the time it made the application - Respondents accepted the correctness of the judicial view - Removal of objections by the petitioner, the petitioner became entitled to issuance of the letter of approval - Petitioner Society of a new technical education institute to have the required land as mentioned in the Approval Process Handbook in its lawful possession with clear title - Consequential order of rejection of the petitioner's application for setting up a new technical institute are set aside - Respondents are directed to forthwith issue the letter of intent/letter of approval to the petitioner for setting up a new technical institution - Petition is allowed.
GITA MITTAL, J.
1. BSA College of Engineering and Technology, the petitioner herein, a registered society under the Societies Registration Act, 1860 vide W.P. (C) No. 3415/2017 seeks inter-alia a writ of certiorari of quashing of the impugned letter of rejection dated 08.04.2017 and of the Standing Appellate Committee report of the All India Council for Technical Education (hereinafter referred to as ‘AICTE’) arrayed as the respondent No. 1 whereby the issuance of the grant of letter of intent for starting a new polytechnic college on 1.5 acres of land leased with the approval of the governing body of Shri Agrawal Shiksha Mandal Society (Registered) Mathura, Uttar Pradesh registered at the Sub-Registrar's Office, Mathura, in its favour for a period of 30 years with effect from 14.09.1997 vide registered lease deed dated 20.12.2001, was rejected.
2. The petitioner also lays a challenge to the Appellate Proceedings dated 18.04.2017 rejecting the appellant’s appeal against the order dated 08.04.2017. As per the writ petition, the only objective and ground for rejection of the application as well as the appellant’s appeal in the impugned orders is that the appellant’s document of right and title on the subject land was that “documents shown reflect that it is a private lease, hence not accepted.”
3. In the year, 1997, Shri Agrawal Shiksha Mandal Society, after taking due approvals and permissions from the AICTE, the BSA (PG) Degree College established. Extension of approval as per the applicable Rules and Regulations has been granted to the said institute each year.
4. Out of 28.86 acres of land owned by BSA (PG) Degree College under the aegis of Shri Agarwal Shiksha Mandal Society, 11.05 acres referred to hereinabove was leased in favour of the petitioner w.e.f. 14.09.1997 vide registered lease deed dated 20.12.2001 at the Sub-Registrar's Office, Mathura. On 11.07.2015, the Governing Board of the petitioner vide its resolution decided that the petitioner shall apply to the AICTE for approval to start the ASM Polytechnic, Mathura to offer technical education in diploma in engineering and allocated 1.5 acres of land situated in Survey Nos. 1505, 1506, 1508, 1509, 1514, 1516 and 1517 for the said purpose. A resolution was passed to allocate funds for procurement of equipment, furniture and other required materials. The Registrar Societies, Uttar Pradesh renewed the registration of the petitioner’s institute on 21.08.2015 for a period of five years from the date of issuance of the certificate.
5. In January, 2016, the petitioner applied to the AICTE, a statutory authority constituted under the All India Council for Technical Education ACT, 1987 (which enactment was published in the Official Gazette vide Notification No. S.O. 317(E) dated 28.03.1988 for proper planning and coordinated development of the technical education system throughout the country, for starting new polytechnic colleges after completing the building and other works).
6. The petitioner was called by the Standing Committee of the AICTE on 12.04.2016 and again by the respondents on 18.04.2016. The Re-Scrutiny Committee uploaded a report on 19.04.2016 pointing out the only objection that the certificate of the Sub-Divisional Magistrate had not been presented by the petitioner. In response, the petitioner sent a detailed e-mail dated 20.04.2016 informing that it had already submitted the relevant documents before the Standing Appellate Committee on 12.04.2016.
7. The application No. 1-2854879151 filed by the petitioner, however, was rejected by the Member Secretary, AICTE on 30.04.2016 stating that the certificate before the Sub-Divisional Magistrate or Collector or Tehsildar in original had not been presented by the petitioner. The petitioner submits that this rejection letter was given on 30.04.2016, which was the last date of processing of applications for
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