Back
2019 Supreme(Del) 1623
IN THE HIGH COURT OF DELHI
ANU MALHOTRA, J.
Janta College of Pharmacy – Petitioner
Versus
All India Council for Technical Education – Respondent
W.P. (C). No. 6643 of 2019 & CM. APPL. No. 28071 of 2019
Decided On : 31-07-2019
For the Petitioner:Kirti Uppal, Sr. Advocate, Chander Shekhar, Advocate.
For the Respondent:Anil Soni, Standing Counsel, Abhinav Tyagi, Advocate.
The judgment emphasizes the importance of adhering to the schedule prescribed by the AICTE Act and the significance of addressing deficiencies noted by the Expert Visit Committee for approval of technical courses.
Headnote:
AICTE - Approval for Technical Institutions - Section 10, AICTE Act - Summary: The court dismissed the petition seeking quashing of AICTE's order reducing seats for B. Pharma course and not granting approval for the Diploma Pharmacy course. The court emphasized the importance of adhering to the schedule prescribed by the AICTE Act and highlighted the deficiencies noted by the Expert Visit Committee, which led to the reduction in intake and denial of approval for the new course.
Fact of the Case:
The petitioner sought quashing of AICTE's order reducing seats for B. Pharma course and not granting approval for the Diploma Pharmacy course. The petitioner claimed compliance with AICTE rules and alleged manifest error in AICTE's orders.
Finding of the Court:
The court dismissed the petition, emphasizing the importance of adhering to the schedule prescribed by the AICTE Act and highlighting the deficiencies noted by the Expert Visit Committee, which led to the reduction in intake and denial of approval for the new course.
Issues: The main issues were the reduction in seats for the B. Pharma course and the denial of approval for the Diploma Pharmacy course by AICTE, based on deficiencies noted by the Expert Visit Committee.
Ratio Decidendi: The court emphasized the mandatory schedule prescribed by the AICTE Act and the importance of compliance with AICTE rules and regulations. It also highlighted the significance of addressing deficiencies noted by the Expert Visit Committee for approval of technical courses.
Final Decision: The petition and the accompanying application were dismissed by the court.
JUDGMENT :
1. The petitioner the Janta College of Pharmacy vide the present writ petition seeks the quashing of the order dated 25.04.2019 bearing No. F.No. Northern/1-4263341465/EOA and also the quashing of the order dated 07.05.2019 bearing No.F.No.AICTE/AB/NR/PID-1-2496405271/2019-20 of the AITCTE of the Advisory-II Approval Bureau. The petitioner also seeks issuance of directions to the AICTE to issue an EOA with 100 seats for the B. Pharma course or another opportunity for hearing be given to it before the SAC for the academic year 2019-20.
2. The AICTE vide its communications dated 25.04.2015 and 07.05.2015 reduced 40% seats in the existing B. Pharma course being conducted by the petitioner institute and also did not grant approval to the petitioner for conducting the Diploma Pharmacy course for the academic year 2019-20.
3. The petitioner submits that the petitioner institute has been established and is being run by the Narseran Memorial Education Society for imparting quality professional education.
4. The petitioner submits that despite compliance having been made by the petitioner, the respondent/AICTE has contrary to its own rule and without appreciating the EVC report, issued the orders dated 25.04.2019 and 07.05.2019, which the petitioner contends are wholly illegal and suffers from manifest error.
5. The petitioner submits that the B. Pharma i.e. the under-graduate course is being run in its institute since the academic year 2015-16 and that it meets all stipulated requirements as per the AICTE- APH (Approval Process Handbook) 2019-20. The petitioner submits that in terms of the Approval Process Handbook published by the AICTE for the year 2015-16, it had applied to the respondent vide permanent application ID No.1-2496405271 seeking grant of approval for starting a new pharmacy institute in the name and style of Janta College of Pharmacy (UG), at Noorpur, Post Khas, Tehsil Chandpur, District Bijnor, Uttar Pradesh for the academic year 2015-16, which application was processed by the AICTE and after due verification of documents and physical verification of the petitioner institute, the AICTE had granted the LOA i.e. Letter of Approval on 30.04.2015 to the petitioner institute.
6. It has also been submitted on behalf of the petitioner that on 30.03.2017, it had applied to the AICTE seeking extension of approval for the academic year 2017-18 and the AICTE had granted extension of approval to the petitioner institute for the academic year 2017-18 vide letter dated 30.03.2017. The petitioner submits that it was also granted the EOA by the respondent vide letter dated 04.04.2018 for the academic year 2018-19.
7. The petitioner further submits that on 14.09.2018, the respondent conducted a surprise inspection of the petitioner institute and that the Committee noted a few deficiencies and vide Circular dated 03.10.2018 directed the petitioner institute to appear before the Standing Hearing Committee (SHC) which was scheduled on 25.10.2018 at the AICTE Headquarters, New Delhi and that on 25.10.2018, the petitioner appeared before the SHC along with all relevant documents and submitted all requisite documents in order to cure the defects as pointed out by the EVC in its report dated 14.09.2018.
8. The petitioner submits that on 16.11.2018, the AICTE based on the recommendation of the SHC, placed the institute under 'No Admission' for the academic year 2019-20 against which the petitioner preferred a statutory appeal before the AICTE against the order dated 16.11.2018. The petitioner further submits that it appeared before the Standing Hearing Committee of the AICTE on 18.01.2019 and once again submitted all relevant documents against the deficiencies as noted by the SHC and that after scrutiny of documents, the SHC recommended an EOA with 40% reduction in intake to the running institute.
9. The petitioner further submits that
