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2019 Supreme(Jhk) 1683
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Sujit Narayan Prasad, J.
Ram Govind Institute Of Technology, Mahuvan, Koderma - Appellant
Versus
State Of Jharkhand - Respondent
Interlocutory Application No. 4100 of 2019; Writ Petition (Civil) No. 1734 of 2019
Decided On : 14-05-2019
Indrajit Sinha, Adv., Vineet Prakash, Adv., Ashok Kumar Singh, Adv.
The main legal point established in the judgment is the importance of adhering to the time schedule for grant of approval and admission without exception, as mandated by the AICTE Act and the regulations. The judgment also emphasized the binding nature of regulations framed by central authorities and the primacy of the AICTE in the field of technical education.
Headnote:
AICTE Act - Affiliation - Section 2.5, 2.6, 2.13, 2.43, 2.45, 4.2, 4.14, 4.18, 4.29, 4.32 - The court dismissed the writ petition seeking affiliation for conducting B.Tech. courses for various academic sessions, as the petitioner's application was submitted after the cut-off date specified in the AICTE Act and the University's regulations. The court emphasized the importance of adhering to the time schedule for grant of approval and admission without exception, as mandated by the AICTE Act and the regulations. It highlighted the primacy of the AICTE in the field of technical education and the binding nature of regulations framed by central authorities. The court also emphasized that the State and affiliating bodies must work in tandem with the AICTE to ensure proper standards of technical education. The judgment underscored that the courts should not substitute their views for those of expert bodies in educational matters, unless the exercise of powers by such bodies is arbitrary or impermissible under the regulations and the AICTE Act.
Fact of the Case:
The petitioner sought affiliation for conducting B.Tech. courses for various academic sessions, contending that it had already been approved by the AICTE. The University and State-Respondent refused affiliation, citing the petitioner's late submission of the application after the specified cut-off date.
Finding of the Court:
The court found that the petitioner's application was submitted after the cut-off date specified in the AICTE Act and the University's regulations. It emphasized the importance of adhering to the time schedule for grant of approval and admission without exception, as mandated by the AICTE Act and the regulations. The court dismissed the writ petition, stating that it was not inclined to exercise its extraordinary jurisdiction under Article 226 of the Constitution of India in favor of the petitioner.
Issues: The main issue was whether the petitioner's late submission of the application for affiliation, after the specified cut-off date, warranted the court's intervention under Article 226 of the Constitution of India.
Ratio Decidendi: The court's decision was based on the petitioner's late submission of the application, which was found to be in violation of the time schedule prescribed in the AICTE Act and the regulations. The judgment emphasized the binding nature of regulations framed by central authorities and the primacy of the AICTE in the field of technical education. It underscored that the courts should not substitute their views for those of expert bodies in educational matters, unless the exercise of powers by such bodies is arbitrary or impermissible under the regulations and the AICTE Act.
Final Decision: The court dismissed the writ petition, stating that it was not inclined to exercise its extraordinary jurisdiction under Article 226 of the Constitution of India in favor of the petitioner.
JUDGMENT
Sujit Narayan Prasad, J. - Mr. (Dr.) Ashok Kumar Singh, learned counsel for the RespondentUniversity has filed the counter affidavit in Court by serving a copy of the same upon the learned counsel for the petitioner.
The copy of the said counter affidavit is taken on record.
The instant writ petition is under Article 226 of the Constitution of India, whereby and whereunder following prayers have been made:-
i. For issuance of an appropriate writ(s)/order(s)/direction(s) for quashing the order as contained in memo no. Ta.Shi.Pra.Ni.Sa./04/2016-219 dated 05.03.2019 (Annexure-4) issued under the signature of Director, Department of Higher, Technical Education & Skill Development, Government of Jharkhand, whereby and whereunder the petitioner has been refused affiliation for conducting B. Tech. courses for Electrical Engineering, Mechanical Engineering, Electronics & Communication Engineering, Civil Engineering and Computer & Science Engineering for the Academic Session 2015-2016;
ii. For further issuance of an appropriate/writ/direction for quashing the order as contained in memo no. Ta.Shi.Pra.Ni.Sa./03/2017-218 dated 05.03.2019 (Annexure5) issued under the signature of Director, Department of Higher, Technical Education & Skill Development, Government of Jharkhand, whereby and whereunder the petitioner has been refused affiliation for conducting B. Tech. courses for Electrical Engineering, Mechanical Engineering, Electronics & Communication Engineering, Civil Engineering and Computer & Science Engineering for the Academic Session 2016-17;
iii. For further issuance of an appropriate/writ/direction for quashing the order as contained in memo no. Ta.Shi.Pra.Ni.Sa./18/2018-214 dated 01.03.2019 (Annexure6) issued under the signature of Director, Department of Higher, Technical Education & Skill Development, Government of Jharkhand, whereby and whereunder the petitioner has been refused affiliation for conducting B. Tech. courses for Electrical Engineering, Mechanical Engineering, Electronics & Communication Engineering, Civil Engineering and Computer & Science Engineering for the Academic Session 2017-18;
iv. For issuance of an appropriate/writ/order/direction, directing upon the respondents to grant affiliation to the petitioner-Institute for the Academic Year/Session 2015- 2016, 2016-17 and 2018-19 for its B.Tech. Courses;
2. The brief facts of the case is that the petitioner-institution is a Society registered under the name of Ram Govind Buddhist Minority Development Society, established in the year 2004, which imparts education of various courses in the stream of Engineering, such as Electrical Engineering, Mechanical Engineering, Electronics & Communication Engineering, Civil Engineering and Computer & Science Engineering.
The petitioner institution was granted approval by the All India Council for Technical Education, in short as ''AICTE'', by a letter as contained in F. No. 06/02/JHAR/ENGG/2004/005 dated 14.05.2004 for running B. Tech Courses in computer Science Engineering, Electronics & Communication Engineering, Electrical & Electronics Engineering and Mechanical Engineering and has all along from its inception, has been granted approval by the AICTE and the last of such approval has been granted for running B. Tech. Courses in Civil Engineering Electronics & Communications Engineering, Computer Science & Engineering, Electrical & Electronics Engineering, Mechanical Engineering and Civil Engineering for the Session 2014-15. The petitioner-institute is affiliated to the Vinoba Bhave University, Hazaribagh.
The application of the Institution for extension of approval for the Academic Year 2015-16 was forwarded to the Principal Secretary, Science & Technology Department, Government of Jharkhand, Ranchi by AICTE, while the application for extension of approval for the Academic year 2016-17 was forwarded by the AICTE on 05.04.2016 and it is the case of the petitioner that for the Academic Session 2015-16 and 2016-17, t
