Back
2020 Supreme(Del) 1111
IN THE HIGH COURT OF DELHI AT NEW DELHI
D.N. Patel, Prateek Jalan, JJ.
Heritage Academy - Appellant
Versus
All India Council For Technical Education - Respondent
Letters Patent Appeal No. 264 of 2020; Civil Miscellaneous Appeal No. 23584 of 2020, 23585 of 2020
Decided On : 23-09-2020
Himanshu Kaushik, Advocate, Anil Soni, Advocate, Devesh Dubey, Advocate
Compliance with AICTE's approval cut-off date is crucial for obtaining approval for starting academic courses.
Headnote:
AICTE - Approval for Post Graduate Diploma in Management course - 30th April, 2020 - 30th June, 2020 - The court directed AICTE to consider the application for the next academic year (2021-22) due to non-compliance with AICTE's approval cut-off date. The appellant sought approval for the current academic year (2020-21) but was dismissed due to non-compliance with the cut-off date. The court emphasized that AICTE is at liberty to decide the approval for the next academic session (2021-22) in accordance with law and regulations.
Fact of the Case:
The appellant appealed against the judgment directing AICTE to decide on the approval for starting the Post Graduate Diploma in Management course in accordance with law. The appellant sought approval for the current academic year (2020-21) but was dismissed due to non-compliance with the cut-off date.
Finding of the Court:
The court directed AICTE to consider the application for the next academic year (2021-22) due to non-compliance with AICTE's approval cut-off date. The appellant's submission for approval for the current academic year was dismissed due to non-compliance with the cut-off date.
Issues: Non-compliance with AICTE's approval cut-off date, dismissal of appellant's submission for approval for the current academic year.
Ratio Decidendi: AICTE is at liberty to decide the approval for the next academic session (2021-22) in accordance with law and regulations.
Final Decision: The court disposed of the appeal, emphasizing that AICTE is at liberty to decide the approval for the next academic session (2021-22) in accordance with law and regulations.
JUDGMENT
D.N. Patel, C.J. - The proceedings in the matter have been conducted through video conferencing.
CM APPL.23584/2020 (exemption)
Allowed, subject to just exceptions.
The application stands disposed of.
LPA 264/2020
1. This appeal has been preferred by the appellant (original petitioner) against the judgment and order of the learned Single Judge in W.P.(C)4720/2020 dated 30th July, 2020 (Annexure A-1 to the memo of this LPA) whereby it has been directed by the learned Single Judge that the representation of this appellant (original petitioner) for getting approval to start the Post Graduate Diploma in Management course be decided by the AICTE in accordance with law.
2. It appears from the facts of the case and the correspondence between the parties to this litigation that several deficiencies have been enumerated by the AICTE to this appellant (original petitioner) with regard to setting up of New Technical Institute, and hence the permission for setting up the New Technical Institute was rejected vide communication dated 30th June, 2020 (Annexure P-1).
3. The following deficiencies were pointed out in the aforesaid communication by AICTE to this appellant (original petitioner):-
"1. Stock register of Office Equipment- Not Presented
2. Digital Payment for all financial transactions as per MHRD directives - Not Presented
3. Availability of Potable water supply- Not Presented
4. Details and proof of Telephone connections available at the proposed Technical Institution- Not Presented
5. Availability of Institute website - Not Presented
6. Barrier free Built environment and toilets created for Physically Challenged. (Ramp or working Lift etc.)- Not Accepted
7. Safety and Security provisions for fire and other calamities - Not Presented
8. General Insurance provided for assets against fire, burglary and other calamities - Not Presented
9. Occupancy / Completion / Structural Stability certificate/Form D from the Competent Authority clearly stating that the building(s) is/are fully developed and ready in all aspects for the intended use considering the total built up area as required to run the programme and the divisions/departments for the first year of the course- Not Presented by Competent Authority.
10. Administrative Area: Classroom, Central Store, Exam Control Office, Housekeeping, Maintenance, Office All inclusive, Principal Directors Office, Security - Not Accepted (On the Verification of the documents by the EVC today, it is found that the institute building plans (Ground floor, First Floor, Second Floor, Third Floor) are approved by the "Commissioner, Nagar Palika vide letter No. 1470/IMC/z213/W77/2018, DT 27 March 2018, which do not bear the Specified areas as shown above in column No. 03. Hence, it is not possible to fill the areas/details as asked by A1CTE. The layout plans of different floors submitted by the institute are unapproved.
11. Amenities Area: Boys Common Room, Cafeteria, First aid cum Stick Room, Girls Common Room, Stationery Store - Not Accepted (On the Verification of the documents by the EVC today, it is found that the institute building plans (Ground floor, First Floor, Second Floor, Third Floor) are approved by the "Commissioner, Nagar Palika vide letter No. 1470/IMC/z213/W77/2018, DT 27 March 2018, which do not bear the Specified areas as shown above in column No. 03. Hence, it is not possible to fill the areas/details as asked by AICTE. The layout plans of different floors submitted by the institute are unapproved.
12. Instruction Area - Common Facilities: Computer Center, Library & Reading Room - Not Accepted (On the Verification of the documents by the EVC today, it is found that the institute building plans (Ground floor, First Floor, Second Floor, Third Floor) are approved by the Commissioner, Nagar Palika vide letter No. 1470/IMC/z213/W77/2018, DT 27 March 2018, which do not bear the Specified areas as shown above in column No. 03. Hence, it is not possible to fill the areas/details as ask
