Timelines for application submissions in educational affiliation processes must be strictly adhered to, ensuring fairness and clarity.

JUDGMENT :

VIKAS MAHAJAN, J.

1. The present petition has been filed assailing the impugned letter dated 06.05.2025 whereby petitioner’s application for affiliation submitted on 30.04.2025 has been rejected on the ground that the application was not submitted within time as per schedule laid down.

2. The case set out by petitioner in the present petition is that petitioner is imparting technical education uninterruptedly since 1995-96 by offering four diploma courses namely, Diploma Course in Electronics and Communication Engineering; Computer Engineering; Medical Lab Technology and Diploma in IT Enabled Services and Management, with approval of AICTE and affiliation from respondent, from a rented building which is permissible as per AICTE Approval Process Handbook.

3. The respondent, in respect of academic session 2023-24, vide its letter dated 21.07.2023, kept petitioner in No Admission Category. The said decision of respondent was challenged by petitioner by filing W.P.(C) 10009/2023 and this Court vide order dated 02.08.2023 had stayed the order dated 21.07.2023 and petitioner was permitted to make admissions.

4. In respect of academic session 2024-25, petitioner was issued provisional affiliation by respondent on 29.07.2024, but the same was withdrawn on 14.08.2024. The said decision of 14.08.2024 was again challenged by petitioner by filing W.P.(C) 11476/2024, and the same was also stayed by this Curt vide order dated 16.10.2024, but petitioner could not make admission as the counselling process was over.

5. In respect of present academic session 2025-26, which is the subject matter of present petition, petitioner had written to respondent vide its letter dated 24.01.2025 requesting to review its decision and soliciting advice on affiliation. However, no action was taken on the said letter.

6. On the other hand, AICTE issued extension of approval for academic session 2025-26 with ‘Nil Deficiency’ report. Despite such nil deficiency, petitioner’s request for affiliation was not considered, rather respondent vide impugned letter dated 06.05.2025 has returned petitioner’s application seeking affiliation, on the ground that such application was not submitted within time as per schedule laid down.

7. Mr. Aseem Mehrotra, learned counsel appearing on behalf of petitioner submits that time schedule as laid down by respondent in its Standard Proforma for Affiliation/Extension for Academic Session 2025-26, is not mandatory and the same has not been adhered to by the respondent itself.

8. Elaborating on his submission, Mr. Mehrotra has referred to Clause 7 of said Standard Proforma, to contend that the schedule which has been mentioned in the said clause uses the expression 'Tentative Schedule for Affiliation Process'. He submits that respondent has been issuing proforma for granting affiliation with the schedule mentioned therein every year, and Clause 7 of such proformas has also used same caption i.e. 'Tentative Schedule for Affiliation Process'.

9. Bringing attention of the Court to tabular matrix depicting actual timeline for the academic sessions 2024-25 and 2025-26, which has been annexed as Annexure R-1 to the counter-affidavit of the respondent, Mr. Mehrotra submits that the respondent has always delayed all actions/decisions for a one month and more.10. He submits that since respondent itself has not adhered to schedule in terms of the decision of Hon’ble Supreme Court in Parshavanath Charitable Trust & Ors. v. All India Council for Technical Education & Ors., (2013) 3 SCC 385, therefore, return of petitioner’s application for affiliation by respondent on the ground that it was not submitted within time as per the provided schedule, is unjustified.

11. He submits that AICTE has been continuously granting Extension of Approval (EoA) for Academic Sessions 2022-23; 2023-24; 2024-25 as well as for Academic Session 2025-26, yet petitioner has been kept in ‘No Admission Category’.

12. He submits that for academic Session 2023-24, petitioner